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CALL REPS TO VOTE TO OVERRIDE EXPECTED VETO!

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HB 1892 UPDATE!

Governor Perry has accepted the bill so the 10 days to veto, sign it or have it become law without his signature starts today! The deadline for action is now pushed to May 18 thanks to the Governor's chicanery.

ACTION ALERT

The arm twisting and back room deals have begun by the Governor and his cronies like Rep. Mike Krusee, and the Federal Highway Administration (FHWA) even though Senator Kay Bailey Hutchison has told the FHWA in a letter they're a federal agency crossing over into lobbying activities and interfering with STATE legislation. Don't let your reps tell you there's problems with HB 1892 and that there are potential legal conflicts with federal law regarding TxDOT oversight. The authors of the bill made certain to address these issues in the final version of the bill, that's why the Senate recalled the bill last Monday. It's smoke and mirrors and more game-playing by the Governor to peel off votes and used by any reps tempted to cave or broker deals.
CALL YOUR SENATOR AND REPRESENTATIVE RIGHT NOW and ask them respectfully but firmly to:

"Stand strong in support of HB 1892. We know the Governor is trying to make deals using other bills. We know what's in HB 1892, and we WANT the taxpayer protections in it. NO COMPROMISES, no other bills this late in the session! We're watching..."

Find out who your reps are here.

You may contact each representative by calling the Capitol switchboard: (512) 463-4630 and/or via email by putting the rep's first and last name in this formula:

Representatives:
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Senators:
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Perry tries to sabotage HB 1892!

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In a breathlessly lawless maneuver, Governor Perry is trying to refuse the receipt of HB 1892 from the Legislature by not having a clerk available to timestamp it (and have the 10 day period begin), according to the Quorum Report. The House passed the bill 139-1 Wednesday, May 2, and the Governor has 10 days to sign it, veto it, or allow it to become law without his signature.

BUT, the 10 day clock doesn't start until a clerk from his office officially timestamp's the bill. So, Perry is getting an extra 3 days to peel off senators to try and prevent them from overriding his veto. These lawless and childish antics are more akin to kindergarten schoolyards than befitting a sitting Governor of one of the largest states in the Nation. He's throwing more than a hissy fit, he's obstructing the Legislature from being able to enact law. A classic separation of powers violation we're getting accustomed to with this rebellious, elitist, special interest Governor.

He's also thwarting the will of the PEOPLE of Texas in an unprecedented move to prevent a bill of the PEOPLE from becoming law. We expect this from dictators, not from elected representatives in a democracy. This is an affront to our freedom of self-governance. Rather than graciously cede defeat, this Governor chooses to behave as a lawless dictator who himself along with his Department of Transportation is out of control.

Perhaps we need to renew the call to impeach Perry.

ACTION ALERT

Call Governor Perry....bury his office with respectful, but firm voter fury, and ask him to stop his antics and accept what the PEOPLE of Texas asked their representatives to do. He needs to RECEIVE the bill from the legislature, and sign this bill into law or get the veto over with so our representatives can override him as the law allows.

Keep calling until you get through...

Citizen opinion line:

(800) 252-9600

Main switchboard:

(512) 463-2000

Email to his transportation aide:

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____________________________________

Now the explanation is the clerk went home "sick"...

Austin American Statesman
Saturday, May 5, 2007
Sick aide stalls measure

A bill restricting toll road powers, one many think will end up with a gubernatorial veto, has run into a couple of hitches on the way to Gov. Rick Perry's desk.

As of the end of business Friday, more than two days after it got final passage in the House, House Bill 1892 was not officially on the governor's desk. That means, assuming his office accepts the bill Monday, that Perry will have until May 18 to sign or veto the bill or let it become law without his signature.

The first problem was the Legislature's doing. The bill had a few technical language errors, which required passage of concurrent resolutions. That occurred early Thursday afternoon. Then, Friday afternoon, Greg Davidson, the only person in the governor's office allowed to accept and time-stamp bills, went home sick. Four attempts were made to contact Davidson, by phone, e-mail and in person, before his illness became known.

Colin Parrish, chief of staff for the sponsor, Rep. Wayne Smith, R-Baytown, said, "There ought to be a backup."

Giuliani has ties to Trans Texas Corridor

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Well, it's not just social conservatives who should distrust Rudolph Giuliani, take a look at his ties to Cintra, Macquarie and all the open border players in the globalist NAFTA superhighway scheme known as the Trans Texas Corridor (TTC) in Texas. It gets juicy about halfway down...

Note: The author has some errors. Brian Mulroney was not the Canadian PM who signed the SPP, Paul Martin was. George H.W. Bush did not adopt Exon Florio in 1988, he was still VP then. Reagan did it. However, the reporter is right about Rudy. Press releases from Bracewell & Giuliani offered in links below.

Link to article here.

NAFTA Superhighway has Guiliani as key player

Diane M. Grassi
May 4, 2007

On March 25, 2005, U.S. President George W. Bush, former Canadian Prime Minister, Brian Mulroney and former Mexican President, Vicente Fox, authorized the Security and Prosperity Partnership (SPP), now under the auspices of the U.S. Department of Commerce. Most Americans have little to no knowledge of this seemingly innocuous sounding unofficial treaty and therefore believe there is little reason to be alarmed.

However, what could be misinterpreted as legislation which has been scrutinized, and has gone through the proper channels of government could not be farther from the truth, in that the U.S. Congress has had no direct disclosure of nor has taken part in its execution.


 
Legally, a treaty would require a two-thirds majority of the U.S. Senate to concur for its ratification as determined by the U.S. Constitution. Cleverly, however, since the SPP is not a treaty, the President was able to avoid such a required procedure by using the power of the Executive Branch. And in August 2006, President Bush additionally crafted a Signing Statement to passed legislation declaring it Constitutional for his administration to withhold information from or deny authority required from the U.S. Congress on the SPP and its negotiations.

With the recent swell and frequency of free trade agreements being passed in the U.S. Congress in the past few years alone, seemingly rushed through without genuine debate or challenge, it would be easy for the public to assume that the SPP was authorized by Congress and thinking matters pertaining to it were in the best interest of the American people. And sadly, many U.S. free trade agreements do not directly better the workers of the countries involved, but are solely reserved for big business profiting from cheap labor, and foreign lobbyists and bureaucrats enriching themselves.

But the SPP is cleverly disguised as a boon for all three North American countries and its citizens, yet has lacked input or oversight from federal, state, or municipal legislators nationwide. The goals of the SPP agenda largely include a call for transparency and unprecedented cooperation with respect to all three governments' commerce and trade. The endeavor is to join forces in uniting as one competitive body in the global marketplace and to function as the North American Union (NAU), which at the same time whittles away at each country's sovereignty, its national security and its laws.

The facilitation of the SPP will stem from the use of the U.S. interstate highway system providing the roads for inter-continental and interstate commerce. For that to happen will require retro-fitting of existing interstates as well as building new roads, including gas and power lines, including light rail, from the interior of Mexico, through the central corridor of the U.S. and on into Canada.

Both the proposed NAU and NAFTA Superhighway are offshoots of the North American Free Trade Agreement, signed in 1992 by then President Bill Clinton. At the time it was sold to the American people and the Mexican government as a win-win for both peoples and would re-balance the flow of trade back to Mexico in order for Mexican workers to earn a living wage. But that never transpired and instead backfired, resulting in the onslaught of nearly 20 million illegal aliens since, illegally crossing the U.S. southern border, supposedly looking for decent paying jobs.

But to fully understand the evolution of the call for the need of a NAFTA Superhighway it is important to at least understand the recent history behind it. The introduction of free trade policy has morphed into a priority of the U.S. government today, even putting national security at risk in order to fulfill its agenda. It was the Reagan Administration's vision of free trade, a direct response to Japan's explosive growth and expansion in both the automobile and electronics industries in the U.S., which began to shift the balance of trade and the lopsided result we now have today with most of our trading partners.

And fifteen years since the passage of NAFTA has not only enabled the U.S. to globalize arguably beyond proportions in all areas of commerce, industry and trade, but it has helped to foster public-private partnerships, a benign term used to mask what are essentially foreign-direct investments. And foreign-direct investment has grown precipitously since 1988 when former President George H.W. Bush signed the Exon-Florio Amendment to the Defense Production Act of 1950.

It was also in 1988 when then President George H.W. Bush, through Exon-Florio delegated his power to approve or disapprove such foreign acquisitions to the Chairman of the Committee on Foreign Investments in the U.S. (CFIUS), relieving the President of the responsibility in determining national security threats in foreign-direct acquisitions. Unfortunately, the definition of national security in a post-911 world remains too narrow to address protection of critical infrastructure, a scarce defense supply, or preservation of technological standards, among many other risks, unquestioned back in 1988.

The Exon-Florio Amendment authorizes the President to "suspend or prohibit foreign acquisitions, mergers, or takeovers of U.S. companies if a foreign controlling interest might take action that threatens national security." And the term "foreign control" remains ambiguous and decidedly so. The ramifications of the Exon-Florio Amendment reared its head when in February 2006 CFIUS, an arm of the U.S. Department of the Treasury, became widely recognized for its authorization of the Dubai Ports World to operate multiple East Coast port operations including the Port Authority of New York, and the ports of Baltimore and Miami.

The balancing act of national security and foreign-direct acquisitions has relegated national security concerns to that of an afterthought, as the Department of the Treasury's prime priority is expanding commerce in the global marketplace. Complaints about the secluded CFIUS process, however, predate the Dubai Ports World alarm bells of 2006. For it was in October 2005 when Senator Richard Shelby, (R) Alabama, called for hearings on the inclusion of Congressional oversight of CFIUS approvals. And it was prior to 2006 when Senator James Inhofe, (R) Oklahoma, lobbied for Congress to be able to reject CFIUS approvals.

As it stands, most every foreign acquisition sails through the approval process. Unless there is a 45-day investigation process after the required 30-day review by CFIUS, the President's approval is not required and thereby never reaches the Congress for any interaction or input. Between 1988 and 2005 only two foreign acquisitions were unapproved out of 1,555 reviews. Both were withdrawn and eligible for later re-instatement.

Many foreign entities seek out a "pre-screening" with CFIUS' member agencies, comprised of 12 departments of the U.S. government, if national security concerns are anticipated in order to mitigate the chances of non-approval and triggering the 45-day investigation.

The disparate interests of free trade and the protection of critical infrastructure, and in particular the U.S. highway system as well as public utilities, has given way to high-powered U.S. law firms and professional lobbyist organizations that lay the groundwork for foreign conglomerates to land foreign-acquisition contracts with cash-starved states amenable to foreign-direct investment.

Such is the case with the Trans-Texas Corridor (TTC), the brainchild of the Texas Department of Transportation (TxDOT) in concert with the SPP. It is a multi-billion dollar web of highway building, toll road maintenance, gas pipelines, public utilities and railroad contracts as complex and as multi-layered as the U.S. interstate highway system itself. A flurry of over 20 foreign acquisitions of interstate highway projects and toll road maintenance contracts have been approved since 2003 with many more nationwide working their way through state legislatures, such as that of the New Jersey Turnpike which Governor Jon Corzine believes is ripe for foreign funding.

But the TTC is the biggest and most massive highway building project of them all and for the first time will rely upon a foreign entity to not only maintain toll roads but to have a stake in building, controlling operations and tolls and expanding new roads and critical infrastructure. Additionally, eminent domain law will come into play in order to reconcile the taking of property and farmland for road expansion to accommodate pipelines and railroad tracks.

And much like the SPP planning, which took place behind closed doors, the TTC collaboration began in 2002 in Texas Governor Richard Perry's chambers, where state legislators and taxpayers were deliberately cut out of negotiations and the bidding process. Negotiations began with the Spanish engineering transportation construction firm, Cintra Concesiones de Infrastructures de Transporte, S.A., a subsidiary of the Grupo Ferrovial, which specializes in toll roads and car parks and considered a leading developer of private-sector infrastructure throughout Europe.

At the center of negotiations for multiple legs of the Superhighway Corridor throughout Texas, is none other than Rudolph Giuliani's law firm which landed the Comprehensive Development Agreement for a widening of Interstate-35, now referred to as the TTC-35, in addition to the Master Development Plans for State Highways 121 (see their press release here,) and 130 among other legs of the TTC. All negotiations for Cintra were and are presently handled by the law firm, Bracewell & Giuliani, LLP, of which Republican Presidential candidate, Rudolph Giuliani, has been a senior executive partner since March 2005. His law firm is the exclusive legal counsel for Cintra. Bracewell & Giuliani is comprised of 400 attorneys, based in Houston, TX with offices in New York City, Washington, D.C., London and Kazakhstan.

Cintra joined with San Antonio, TX-based Zachry Construction Corp. to help land the contracts, in which Zachry owns a 20% interest. The Cintra-Zachry proposal for TTC-35 includes a private investment of up to $6 billion in upfront payments for the complete construction, design and operation of a 316-mile toll road between Dallas and San Antonio, giving Cintra the right to set tolls and keep toll road profits for a period of 50 years, as it will for each road it has contracted.

The NAFTA Superhighway and its corridors will run from Southwestern Mexico through Laredo, Austin and Dallas, TX, into Kansas City, KA, serving as an inland customs port. The corridor will split in Kansas with one leg going to Winnipeg, Canada through Omaha, NE. The other leg goes to Toronto, Canada through Des Moines, IA, Chicago, IL and Detroit, MI.

As many as 10 lanes, one-mile wide will incorporate double rails and pipelines. The second corridor is planned from Brownsville to Houston, TX through Arkansas, Memphis, TN and into Norfolk, VA. While the principal use for these corridors is to speed Asian goods into the Central and Eastern U.S., it will require 145 acres of land per mile or 540,000 total acres of land. And in Texas, the state may utilize its own discretion in using eminent domain law in order to reach its goal.

Had gasoline tax revenues been properly allocated and solely reserved for highway projects over the years, neither Texas nor numerous other states would be as desperate for funds as they claim they now are, as many highway funds have been found to have been raided for other state projects and public funding.

The citizens of Texas only as recently as February 2007 began to attend state legislative hearings where many state lawmakers themselves were beginning to become familiar with the Cintra contracts. Several have called for a moratorium on at least the TTC-35 project, envisioned as a high-speed highway, until they can evaluate issues such as eminent domain, cost benefit analysis, environmental impact and homeland security ramifications.

Most interesting to the whole story is not only has Mr. Giuliani's involvement in the NAFTA Superhighway not ever having been publicly addressed, but how a foreign company is awarded the building of a mass highway system, versus maintaining it, for the first time in U.S. history, and negotiated by the law firm of the top Republican candidate running for President of the United States. And truly disturbing is how such will not only have national and homeland security and sovereignty implications but how it is deliberately being kept away from the Halls of Congress.

Giuliani fancies himself as an expert on homeland security issues and a law enforcer. And he has amassed quite the portfolio since 2002, earning $20 million in that year alone, by selling himself as such. He owns Giuliani Partners, Giuliani Safety & Security and Giuliani Capital Advisors. In March 2007 he sold Giuliani Capital Advisors, a former Ernst & Young finance company he purchased in 2002, to Macquarie Infrastructure Consortium (see announcement on their web site here). Not coincidentally, it is a partner of Cintra's in its shared operations of toll roads in both Indiana and Chicago, IL.

Bracewell & Giuliani represents some of the biggest multi-national oil, utility infrastructure and financial corporations both in the U.S. and abroad. With that have come the connections that Giuliani has been able to tap into for campaign donors, essential for his presidential bid, not only in Texas but nationwide, as he has become the consummate globalist. But more troubling than potential conflicts of interest as a public servant is his lack of compunction to secure U.S. borders and then planting himself squarely in the middle of one of the most controversial and historic highway system projects since the 1956 National Federal-Aid Highway Act.

Particularly unnerving, given Guiliani's personal experience on 9-11, is his defense of open borders at any cost while condoning the NAFTA Superhighway Corridor and by extension the North American Union, without the purview or consent of the U.S. Congress or the will of the American people.

We should have seen it coming when Giuliani enacted Special Order 40 in 1994, during his tenure as Mayor of New York City, in ordering law enforcement officers to no longer check the legal status of suspects caught violating the law. We should have seen it coming when Rudolph Giuliani single-handedly decided that illegal aliens were not lawbreakers and also quit upholding the law. And unfortunately we now do see it coming. But sadly, he may now actually be handed the opportunity to no longer defend and abide by the U.S. Constitution of the United States of America.

Diane M. Grassi is a freelance columnist, reporting and writing commentary on current events of the day that provide honest and often politically-incorrect assessments. From U.S. public policy to Major League Baseball, she is an eclectic thinker, and demanding of her readers to reflect on their own thinking patterns from an alternative perspective. Whether you agree with her or not, Diane M. Grassi will have you coming back to note her opinions, and if at best she wakes you up, then her goal will have been accomplished.

We have a moratorium!

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HB 1892, CDA Moratorium goes to Governor's desk!


The 10 day period for him to veto begins!

HB 1892 passed the House 139-1, with Mike Krusee the ONLY representative voting against! House Bill 1892 passed the House with a vote of 139-1. House Transportation Committee Chairman Mike Krusee was the ONLY representative voting against! This bill halts the Trans Texas Corridor and the sale of our public highways to the highest bidder. Though some managed lane projects were exempted from the moratorium, Representative David Leibowitz (D - San Antonio) is being hailed as a hero for making sure BOTH 281 & 1604 in San Antonio are IN the private toll moratorium. Senator Jeff Wentworth (R - San Antonio) left that in doubt in the Senate amendment by only explicitly placing 281 in the moratorium. But Leibowitz made it clear and got ON THE RECORD that since the current San Antonio CDA is for BOTH 281 and 1604, that the intent of this legislation is that both highways are IN the moratorium! Now there can be NO legal limbo from TxDOT trying to say otherwise.

However, those in North Texas, whose politicians exempted their projects, ought to be hopping mad that their highways are being hawked to the highest bidder, a foreign company from Spain, Cintra, for the next 50 years! These officials are going to regret it.
Now HB 1892 goes to the Governor and he has until May 14 to sign it into law, veto, or allow it to become law without his signature.

We did it folks! We did it!

HURRAHHHHHHH! Please thank your reps and these senators, and keep them poised to override this Governor in 10 DAYS (not counting Sunday)! Note even Edmund Kuempel, a total pro-TTC Perry defender, voted for it along with Ruth McClendon-Jones who had previously voted against the final version of HB 1892.

San Antonio Reps below:
Frank Corte - This email address is being protected from spambots. You need JavaScript enabled to view it.
Ruth McClendon-Jones - This email address is being protected from spambots. You need JavaScript enabled to view it.
Jose Menendez - This email address is being protected from spambots. You need JavaScript enabled to view it.
Robert Puente - This email address is being protected from spambots. You need JavaScript enabled to view it.
Mike Villarreal - This email address is being protected from spambots. You need JavaScript enabled to view it.
Edmund Kuempel - This email address is being protected from spambots. You need JavaScript enabled to view it.
Joe Farias - This email address is being protected from spambots. You need JavaScript enabled to view it.
David Leibowitz - This email address is being protected from spambots. You need JavaScript enabled to view it.
Nathan Macias - This email address is being protected from spambots. You need JavaScript enabled to view it.
Joe Straus - This email address is being protected from spambots. You need JavaScript enabled to view it.
Joaquin Castro - This email address is being protected from spambots. You need JavaScript enabled to view it.
Trey Martinez-Fischer - This email address is being protected from spambots. You need JavaScript enabled to view it.
San Antonio Senators to thank:
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Investors clamor to takeover America's highways

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Public Private Partnerships

Link to article here.
Issue Date: MAY 7, 2007

COVER STORY

Businessweek
By Emily Thornton

Roads To Riches

Why investors are clamoring to take over America's highways, bridges, and airports—and why the public should be nervous
 
Steve Hogan was in a bind. The executive director of Colorado's Northwest Parkway Public Highway Authority had run up $416 million in debt to build the 10-mile toll road between north Denver and the Boulder Turnpike, and he was starting to worry about the high payments. So he tried to refinance, asking bankers in late 2005 to pitch investors on new, lower-interest-rate bonds. But none of the hundreds of investors canvassed was interested.
 
Then, one day last spring, Hogan got a letter from Morgan Stanley (MS ) that promised to solve all of his problems. The bank suggested Hogan could lease the road to a private investor and raise enough money to pay off the whole chunk of debt. Now Hogan, after being inundated with proposals, is in hot-and-heavy negotiations with a team of bidders from Portugal and Brazil. "We literally got responses from around the world," he says.

In the past year, banks and private investment firms have fallen in love with public infrastructure. They're smitten by the rich cash flows that roads, bridges, airports, parking garages, and shipping ports generate—and the monopolistic advantages that keep those cash flows as steady as a beating heart. Firms are so enamored, in fact, that they're beginning to consider infrastructure a brand new asset class in itself.
 
With state and local leaders scrambling for cash to solve short-term fiscal problems, the conditions are ripe for an unprecedented burst of buying and selling. All told, some $100 billion worth of public property could change hands in the next two years, up from less than $7 billion over the past two years; a lease for the Pennsylvania Turnpike could go for more than $30 billion all by itself. "There's a lot of value trapped in these assets," says Mark Florian, head of North American infrastructure banking at Goldman, Sachs & Co (GS ).
 
There are some advantages to private control of roads, utilities, lotteries, parking garages, water systems, airports, and other properties. To pay for upkeep, private firms can raise rates at the tollbooth without fear of being penalized in the voting booth. Privateers are also freer to experiment with ideas like peak pricing, a market-based approach to relieving traffic jams. And governments are making use of the cash they're pulling in—balancing budgets, retiring debt, investing in social programs, and on and on.
 
But are investors getting an even better deal? It's a question with major policy implications as governments relinquish control of major public assets for years to come. The aggressive toll hikes embedded in deals all but guarantee pain for lower-income citizens—and enormous profits for the buyers. For example, the investors in the $3.8 billion deal for the Indiana Toll Road, struck in 2006, could break even in year 15 of the 75-year lease, on the way to reaping as much as $21 billion in profits, estimates Merrill Lynch & Co. (MER ) What's more, some public interest groups complain that the revenue from the higher tolls inflicted on all citizens will benefit only a handful of private investors, not the commonweal (see BusinessWeek.com, 4/27/07, "A Golden Gate for Investors").
 
There's also reason to worry about the quality of service on deals that can span 100 years. The newly private toll roads are being managed well now, but owners could sell them to other parties that might not operate them as capably in the future. Already, the experience outside of toll roads has been mixed: The Atlanta city water system, for example, was so poorly managed by private owners that the government reclaimed it.
 
Such concerns weigh on the minds of public officials like Hogan. He intends to negotiate aggressively with corporate suitors and has decreed that the buyer must share future toll-hike revenues with the local governments that built the highway. But with the market for infrastructure still in its infancy, every deal is different. The ideal blend of up-front payment, toll hikes, and revenue sharing hasn't been found.
 
FLOOD OF MONEY
The nascent market in roads and bridges in the U.S. follows the shift toward privatization in Europe and Australia that began with British Prime Minister Margaret Thatcher in the 1980s. It took longer to develop in the U.S. because of the $383 billion municipal bond market, which has been an efficient source of capital for governments over the years.
 
But with the explosion of money flowing into private investments recently, fund managers have been exploring the fringes of the investing world in search of fresh opportunities. Now a slew of Wall Street firms—Goldman, Morgan Stanley, the Carlyle Group, Citigroup, and many others—is piling into infrastructure, following the lead of pioneers like Australia's Macquarie Group. Rob Collins, head of infrastructure mergers and acquisitions at Morgan Stanley, estimates that 30 funds are being raised around the world that could wield as much as $500 billion in buying power for U.S. assets.
 
Many investors think of infrastructure investing as a natural extension of the private equity model, which is based on rich cash flows and lots of debt. But there are important differences. Private equity deals typically play out over 5 to 10 years; infrastructure deals run for decades. And the risk levels are vastly different. Infrastructure is ultra-low-risk because competition is limited by a host of forces that make it difficult to build, say, a rival toll road. With captive customers, the cash flows are virtually guaranteed. The only major variables are the initial prices paid, the amount of debt used for financing, and the pace and magnitude of toll hikes—easy things for Wall Street to model. "With each passing week, there are more parties expressing unsolicited interest in some kind of a financial transaction that will involve one of our assets directly or indirectly," says Anthony R. Coscia, chairman of the Port Authority of New York & New Jersey.
 
Firms are even beginning to market infrastructure to investors as a separate asset class, safe like high-grade bonds but with stock market-like returns—and no correlation with either. The Standard & Poor's 500-stock index has returned about 10% a year, counting dividends, since 1926. Bonds have returned about 5%. Firms say infrastructure will beat both, and without having to sweat out market dips along the way. That's a huge selling point at a time when stock, bond, and commodity markets around the world are becoming increasingly interconnected.
 
Investors can't get in fast enough. They recently deluged Goldman Sachs with $6.5 billion for its new infrastructure fund, more than twice the $3 billion it was seeking. "We're using [infrastructure] as a fixed-income proxy," says William R. Atwood, executive director of the Illinois State Board of Investment, who plans to invest $600 million to $650 million, or 5% of its portfolio, in infrastructure funds over the next three years. "We're hoping to get 11% to 12% returns and lower risk." Pension funds in particular like the long-term investment horizons, which match their funding needs well. Infrastructure "delivers similar yield expectations to high-yield bonds and real estate, with less risk," says Cynthia F. Steer, chief research strategist at pension consulting firm Rogerscasey.
 
On the other side of the bargaining table from the investment firms sit struggling governments suddenly amenable to the idea of selling control of assets to solve short-term problems. The burden of maintaining roads, bridges, and other facilities, many built during the 1950s, is becoming difficult to bear. Federal, state, and local governments need to spend an estimated $155.5 billion improving highways and bridges in 2007, according to transportation officials, up 50% over the past 10 years. And that's hardly the only obstacle they face. In 2006 alone, states increased their Medicaid spending by an estimated 7.7%, to $132 billion. And state and local governments could be on the hook for up to $1.5 trillion in retiree liabilities, estimates Credit Suisse. At the same time, politicians find it difficult to raise taxes. Chicago's former chief financial officer, Dana R. Levenson, sums up the situation: "There is money to be had, and cities need money." U.S. Representative Chaka Fattah, a Pennsylvania Democrat who is running for mayor of Philadelphia, proposes to privatize the Philadelphia International Airport and use the proceeds to fund poverty programs—a much easier sell than a tax increase.
 
The combination of eager sellers and hungry buyers is shaking loose public assets across the country. The 99-year lease of the Chicago Skyway that went for $1.8 billion in 2005 was the first major transaction. Last year came the Indiana deal. Now states and cities are exploring the sale of leases for the turnpikes in New Jersey and Pennsylvania, a toll road in Texas, Chicago Midway Airport, and several state lotteries. Suddenly politicians around the country are wondering how much cash they might be sitting on. Based on the going rate of about 40 times toll revenues, the iconic Golden Gate Bridge could probably fetch $3.4 billion were California interested in selling. The Brooklyn Bridge? If permission were granted by New York City to charge the same tolls as the George Washington Bridge, a private owner might shell out as much as $3.5 billion for it.
 
PAVEMENT PRICING
But there's a downside to the quick cash: planned toll hikes that are usually quite aggressive. Chicago's Skyway could see car tolls rise from $2 in 2005 to $5 by 2017. For some perspective, if a similar scheme were applied to the Pennsylvania Turnpike during its 67 years of existence, the toll for traveling from the Delaware River to the Ohio border would be as much as $553 now instead of $22.75. Macquarie, which teamed up with Spain's Cintra to purchase the Chicago Skyway and the Indiana Toll Road, underscored the governmental trade-off during a presentation at the recent White House Surface Transportation Legislative Leadership Summit: "More Money or Lower Tolls." In an extreme scenario, governments could begin to sell properties that aren't tolled to private owners who will impose fees.
 
Of course, tolls won't go to the moon if they result in dramatic reductions in traffic. For example, investment firm NW Financial Group estimates that if the Chicago Skyway pricing scheme were applied to New York's Holland Tunnel over its 80 years, it would cost $185 to travel through it instead of the current $6. "No one will pay that much," says Murray E. Bleach, president of Macquarie Holdings (USA) Inc. "It's just not going to happen."
 
Still, Indiana legislators became so alarmed by promised hikes that they changed the terms before the toll road lease was completed. The state set aside $60 million to pay the difference in tolls for up to two years or until the buyers install electronic tolling equipment. After that, the fee for cars with electronic toll cards will rise to $4.80 over the full 157 miles, while the fee for cars without the cards will soar to $8. After 2010, both rates will rise each year by 2%, the pace of inflation, or the rate of economic growth, whichever is highest.

The certainty of future toll hikes doesn't jibe with the uncertainty of service quality. Assets sold now could change hands many times over the next 50 years, with each new buyer feeling increasing pressure to make the deal work financially. It's hardly a stretch to imagine service suffering in such a scenario; already, the record in the U.S. has been spotty. In 2003 the city of Atlanta ended a lease of its water system after receiving complaints about everything from billing disputes to water-main breaks. The city wrestled with the owner, United Water Inc., over basics like the percentage of water meters it should monitor. Both parties acknowledge that the contract lacked specifics. In the end, "we didn't believe we were getting performance," says Robert Hunter, commissioner for Atlanta's Dept. of Watershed Management. "I don't believe the city will ever look at privatizing essential services again." United Water says the contract wasn't financially feasible because Atlanta's water system was in worse shape than the city had represented.
 
A CHAMPION'S PERSPECTIVE
States are wrestling with other public policy issues, too. Bankers say New York could reap a combined $70 billion for long-term leases on a bunch of assets, including the state's lottery, the Tappan Zee Bridge, and the New York State Thruway. New York state officials have looked into the option of leasing the lottery, which itself might command $35 billion—a sum that could substantially upgrade, say, New York's higher education system. The downside? The state would probably have to remove constraints on the lottery's marketing designed to discourage people from gambling more than they can afford. If the state insists on keeping the constraints in place, it could reduce the value of selling it.

Chicago's experience shows the possibilities and the pitfalls of privatization. Former CFO Levenson has been one of the movement's biggest champions. He was an architect of the Skyway deal, which kicked off the market. Then he sold control of parking garages to Morgan Stanley for $563 million. Next, he started shopping around a lease for Midway Airport that could fetch as much as $3 billion. And soon the city hopes to auction off rights to operate some recycling plants. Levenson dismisses critics who argue that he has dumped prized assets. "This is not like where a person goes in and buys a loaf of bread from a store and walks out with that loaf of bread," he says. "Some entity, we expect, will make an offer to lease the Midway Airport for 75 to 99 years, and the following day I'm pretty sure it will still be there."

Wearing a crisp suit and stylish eyeglasses, Levenson looks like the Wall Streeter he once was, working for Bank One Corp. and Bank of America Corp. (BAC ) before taking the Chicago city job in 2004. In April he returned to banking: As a managing director at the Royal Bank of Scotland Group (RBS ), he now beats the bushes for infrastructure deals. Levenson doesn't understand how local governments can afford not to put public works up for sale. Thanks to the 99-year lease for the Skyway, Chicago has paid off its debt and handed over $100 million to social programs like Meals on Wheels. Plus, says Levenson, it's earning as much in annual interest on the $500 million it has banked from the transaction as it used to earn from running the Skyway ($25 million).

In some ways, Levenson argues, the city still has control over the highway. The agreement with the new owners spells out guidelines in mind-numbing detail, dictating everything from how quickly potholes must be filled (24 hours) to how rapidly squirrel carcasses must be removed (8 hours). If Macquarie and Cintra violate those conditions, the city can take back the road.
 
So far, the buyers have strictly adhered to the rules. At 7 a.m. on a Wednesday in March, five workers begin another day at the Chicago Skyway's Snow Command. On their to-do list are potholes to be checked and cracks to be sealed. Juan Rodriguez used to patrol the freeway for Chicago city. Today, he cruises the road for private owners. He discovers some potholes have grown unacceptably large because of salt that was spread the previous night. There's some tire debris that must be removed, and a disabled vehicle holding up traffic.
 
A SMOOTH RIDE?
In the past, Rodriguez says, he had to write out a ticket for each problem, which would be added to a long list of chores. Addressing problems often took days, Rodriguez recalls. But by 10:25 a.m., all of this morning's issues on the Skyway's 7.8-mile stretch of pavement are resolved. "The new owners are taking the Skyway to a whole new level," he says.
 
They've certainly spent money on improvements. The message "a clean workplace is a happy workplace" is scrawled on a whiteboard in a freshly painted and ventilated garage where workers meet. There's electronic tolling, which didn't exist before. A bunch of new lanes are under construction. The investments seem to be paying off: Since taking over two years ago, the Skyway's operators estimate traffic has risen 5%.

 
It's all encouraging, except that Chicago "probably could have gotten more without privatizing," according to Dennis J. Enright, a principal and founder of NW Financial. His firm's analysis shows that Chicago could have done a lot better by handling the whole deal itself. It could have raised tolls and sold tax-exempt municipal bonds backed by the scheduled hikes. That would have given the city the up-front cash it needed while preserving some of the income from the toll hikes. Instead, that money will go to Macquarie and Cintra.
 
Meanwhile, the higher tolls will take a big bite out of lower-income people's wallets. "You have to ask yourself if you want roads that used to be considered a public service to be rationed by income class," says Princeton University economics professor Uwe E. Reinhardt. Chicago says it hasn't received any formal complaints from citizens, though two different drivers recently went to extremes to avoid tolls, says Skyway maintenance manager Michael S. Lowrey. When the new owners introduced free towing for broken-down vehicles, the drivers called the Skyway for help, claiming to be stranded. After workers hauled the vehicles past the tollbooths, they hopped in their cars and sped away.

For workers, the privatization wave has wrought many changes. Skyway toll takers used to be full-time city employees with rich benefits. Now most are part-time independent contractors without benefits. Brian Rainville, executive director of the Chicago Teamsters Joint Council 25, helps manage the union's pension fund. When he listened to a recent pitch from a pension consultant about infrastructure funds, it sparked a realization: The returns he might generate for his pensioners could be canceled out by the union's shrinking number of contributors. "It's pretty obvious that it's not sound fiscal policy for the [pension] fund to undercut the people it's serving," Rainville says.
 
Pushback against private investors is now playing out in different ways elsewhere. In Pennsylvania, the state turnpike commission is going head-to-head with private bidders for the right to operate the state's 537-mile toll road. Pennsylvania desperately needs cash to repair its nearly 6,000 structurally deficient bridges. Some pundits expected Pennsylvania Governor Edward G. Rendell to propose hikes in gas taxes and other fees to fund the projects. But in December, Rendell unexpectedly announced plans to privatize the turnpike. Timothy J. Carson, vice-chairman of the commission, scrambled to submit an expression of interest for the turnpike to continue to run itself. His proposal is being judged against many others, including those from big Wall Street firms.
 
Carson isn't dissuaded by arguments that investors are better qualified to run turnpikes profitably. "There's no magic here," he says. "These [deals] are largely driven by one factor: the permitted toll increases." Carson says the state doesn't need to hand over the turnpike to private owners. Historically, he says, the state wanted the turnpike to collect only enough money to break even. But it could just as easily adopt its own toll-hike schedule. The state could also charge tolls on more roads. In other words, the public could remain in control simply by changing the turnpike's mission. That would ensure that the benefits of the toll hikes were spread throughout the populace, says Carson.
 
Pennsylvania's isn't the only turnpike authority exploring the possibility of bidding for roads. The North Texas Tollway Authority calculated in March that it would have valued a partially constructed 25-mile stretch of highway near Dallas 26% more than a private investor had bid. Now it's considering making a formal bid. And on Apr. 11, the Texas House of Representatives passed an amendment by a vote of 134 to 5 to impose a two-year moratorium on privatizing state toll roads. "We need to put the brakes on these private toll contracts before we sign away half a century of future revenues," said representative Lois W. Kolkhorst, who proposed the bill. A similar bill was passed in the state senate on Apr. 19.
 
With so much money at stake and so many options available to states, it's impossible to know how the great infrastructure craze may play out. But this much is certain, says Pennsylvania's Carson: "People are willing to pay more than they are currently being charged. The only question is to what extent you're willing to take advantage of that."

Click here to join a debate about private ownership of roads and bridges.

Thornton is as associate editor for BusinessWeek

Dallas Morning News: SB 1929 doesn't alter path of toll proliferation

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This is our primary problem with SB 1929, it does not significantly change the path we're on which is toll proliferation. See the TURF quote below. Though we're not opposed to traditional toll roads (where they're new roads using new right of way, voted on by the people, the money and control stay local, and the tolls are removed when the road is paid for), even Dallas officials recognize that too many toll roads in a region will hurt our economy.

SB 1929 doesn't fundamentally change this shift to tolling as the preferred method to solve our transportation funding issues. We've got some work to do for the good provisions of this bill to become law. We've learned our lessons from HB 3588 in 2003 and HB 2702 in 2005 well enough to know, we cannot accept ANY bad with the good since TxDOT will ALWAYS pervert the intentions of EVERY bill to allow them to exploit our state highway system as assets for sale on the open market. This should not be the mission of our highway department.

Transportation bill curbs agency's powers
Legislature: Senate plan would increase regional bodies' voice on projects
Thursday, April 19, 2007
By JAKE BATSELL / The Dallas Morning News

AUSTIN – A far-reaching transportation bill unveiled in a Senate hearing Wednesday would tighten private toll-road contracts and give regional authorities more say over projects in their back yard.

The comprehensive bill – the product of weeks of negotiations among lawmakers and state transportation officials – would curb the powers of the Texas Department of Transportation, which has come under fire for the way it has been awarding toll contracts to private companies.


"Its purpose is to reform the excesses of prior legislation and to fine-tune the various tools available to us in the years ahead," said Sen. John Carona, R-Dallas, the bill's author and chair of the Senate transportation committee.

The bill also calls for a two-year moratorium on private tollways, with several North Texas exemptions. The committee unanimously passed a separate moratorium bill Wednesday that already had received House approval.

But perhaps the most attention-grabbing provision in Mr. Carona's bill would allow the Texas Department of Transportation to transfer road-developing powers to the state's 24 metropolitan planning organizations – regional bodies that set priorities for road projects in their region.

State transportation commissioners told lawmakers they would welcome delegating more power to local authorities if it speeds up road projects in a fast-growing state that is running tens of billions of dollars behind with its transportation funding needs.

"The state faces challenges that central government is not prepared to move fast enough to solve," said Ric Williamson, chairman of the Texas Transportation Commission.

Critics have accused the Transportation Department of using bully tactics in its pursuit of private toll-road projects, particularly the Trans-Texas Corridor and State Highway 121 in Denton and Collin counties.

Mr. Williamson said commissioners have heard the growing outcry, and that he hopes elements of the comprehensive bill will help mollify those concerns.

"You're changing the relationship between what's perceived as a very strong, some would say overbearing, imperious TxDOT to one of more collegiality and cooperation," he said.

Still, several senators were wary of granting road-implementing powers to planning organizations that lack the Transportation Department's technical and engineering expertise.

"I'm not sure that what we're looking for is to devolve the responsibility of TxDOT into mini-TxDOTs around the state," said Sen. Florence Shapiro, R-Plano. "I don't know what the ramifications of that might be."

Mr. Carona's bill, which will likely face a committee vote next week, attempts to rectify some of the most controversial provisions in recent private toll-road contracts. The bill establishes procedures for the state to buy back roads after entering into private toll deals and narrows clauses that place limits on competing roads.

But the bill also concedes that toll roads are a key component of the state's future transportation strategy and gives local toll agencies such as the North Texas Tollway Authority more power to bid for toll-road contracts.

"This bill does not significantly alter the path that we're on, which is toll proliferation," said Terri Hall, director of Texans Uniting for Reform and Freedom, a grassroots San Antonio group that opposes toll roads.

Several North Texas leaders stressed that toll roads – public or private – are needed to relieve the region's congestion.

"Little Elm and its citizens need help today – not two years from now," said Little Elm Mayor Frank Kastner. "It shouldn't take one hour to drive seven miles in our community."

Last week, the House approved a two-year moratorium on private toll-road contracts but exempted North Texas from the ban. On Wednesday, transportation committee members unanimously voted to pass that bill along to the full Senate, but with different moratorium language.

The Senate committee's version of the moratorium exempts a number of individual projects, including State Highways 121 and 161, a tolled-lane project on the LBJ Freeway, the planned Trinity Parkway in Dallas, and two projects in Tarrant County.

Mr. Carona collaborated on the comprehensive bill with Rep. Mike Krusee, R-Round Rock, who chairs the House transportation committee. Mr. Krusee said Wednesday that the bill could provide a chance to secure more road funding by raising the state's gas tax, which has been stuck at 20 cents a gallon since 1991.

All tax bills originate in the House, where members are reluctant to raise the gas tax. But Mr. Krusee said Wednesday that measures to raise the gas tax according to an index that mirrors inflation may be more palatable if wrapped into the comprehensive bill.

"I think House members really would like to see more oversight of TxDOT, and if you gave that to them, they might stomach an index," Mr. Krusee said. "And that's my intention to try to do that."

House Speaker Tom Craddick said that while he supports the notion of a gas-tax indexing bill, his office hasn't polled members about the issue.

"Two years ago I came out in favor of gas indexing because I think we have a huge need for additional dollars for highways and construction," Mr. Craddick said. "We've got to find some way to do it."

50 State Trucker Boycott...Circle the Capitol!

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BREAKING NEWS: TRUCKER BOYCOTT in all 50 STATES

HELP SPREAD THE WORD!

Truckers are organizing in ALL 50 states to do a rolling "TRUCK OUT" lining up 3 wide, bumper to bumper, and circling the state Capitols and honking (before moving on) across America during these dates.

BOYCOTT THE NAFTA SUPERHIGHWAYS (TTC) &

NORTH AMERICAN UNION

JOIN THE

ROLLING TRUCK OUT

April 23, 24, 25

Truckers will be lining up 3 wide, bumper-to-bumper across America during these dates.
Circle the Capitol and HONK as well!

Farmers, ranchers, bikers, and everyone in between are encouraged to participate!

This is protest against the NAFTA superhighways (aka - Trans Texas Corridor), the North American Union driving it, and of Mexican trucks being allowed free access to our roads with minimal or no background or safety checks that threaten security, safety, air quality, and jobs.

Organize volunteers to help distribute fliers at Truck Stops!

PDF link of flyer here.

For more event information, go to www.SaveAmericaFund.org.

URGENT ACTION ALERT

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CALL SENATORS TO GET MORATORIUM PASSED!

Twenty-seven of 31 senators signed onto the moratorium, but now is the test to see if they meant it. We want the wording of the House Bill (HB 1892) to become law, NOT the currently amended Senate version (SB 1267) that inadvertently TAKES OUT 281/1604 in San Antonio from the moratorium. We've been diligently contacting senators making sure they're aware of the flawed Senate wording and what the PEOPLE expect.

Please call your senator and respectfully say:

"Help us get HB 1892 passed in the Senate and get the private toll moratorium to the Governor!"


There are several bills that they could attach the moratorium bill to so don't sweat the bill number.

Call the Capitol switchboard: (512) 463-4630 and/or email. Calling is best due to the tight timeline, email may not get read in time...

Find your senator here..

House backs 2-year moratorium on private deals

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Link to Dallas Morning News article here. Link to Express-News article here. Link to Houston Chronicle article here.

Toll-road freeze exempts North Texas
Legislature: House backs 2-year moratorium on private deals, but outcry spares 121 plans
Tuesday, April 10, 2007
By JAKE BATSELL / The Dallas Morning News

AUSTIN – The drumbeat to rein in toll roads got a lot louder Tuesday when the House overwhelmingly endorsed a two-year freeze on deals to build private pay roads – except in North Texas.

On a 134-5 vote, House members tentatively approved a measure to halt private toll contracts and create a panel to examine the implications of privatizing state roads.

The lopsided vote – cast by many of the same lawmakers who gave such powers to the Texas Department of Transportation four years ago – showed a determination to reconsider state transportation policy. It also was a swipe at how the Transportation Department has been awarding toll-road contracts.

"This is us tapping the brakes, looking before we leap into contracts that last 50-plus years," said Rep. Lois Kolkhorst, R-Brenham, who wrote the moratorium measure.

If the bill clears a routine final reading today, it would move to the Senate, where transportation committee members have approved a similar bill.

Although North Texas projects are largely unaffected, Ms. Kolkhorst said the bill would apply to the Trans-Texas Corridor, a mammoth statewide highway that would parallel I-35.

The moratorium was a last-minute addendum to a separate transportation bill that gives Texas counties and regional toll-road agencies more authority over rights of way and access to state highways. That bill passed on a 123-17 vote.

The initial proposal Ms. Kolkhorst offered Tuesday would have applied to the entire state. But after an outcry from North Texas legislators, members agreed to spare all projects that fall within the boundaries of the four-county North Texas Tollway Authority.

Time for a 'deep breath'
Members of the North Texas delegation argued that a moratorium would cripple efforts to ease the fast-growing region's traffic congestion and improve its air quality.

"You can't just put the brakes on all our projects," said Rep. Vicki Truitt, R-Southlake.

Lawmakers said the two-year hiatus would allow a "deep breath" to address mounting concerns about toll-road deals, including the long length of some contracts, future toll increases, provisions to buy back roads and clauses that place limitations on competing roads.

"We need to make sure we're not rushing out and getting a payday loan," Ms. Kolkhorst said.

Criticism of the state's toll-road policies has been escalating since February, when the Transportation Department announced a 50-year deal with Spanish-based Cintra to build and oversee the Highway 121 project in Collin and Denton counties. That deal includes a $2.1 billion upfront payment that could be spent on other traffic projects in the region.

In a separate hearing Tuesday, embattled Texas transportation commissioners told lawmakers that private toll-road contract deals are a critical tool to revamp Texas' aging, cash-strapped highway system. It was the commissioners' first public rebuttal since a crowd of hundreds blasted the state's toll-road policies at a Capitol hearing last month.

Ric Williamson, chairman of the Texas Transportation Commission, told House transportation committee members that the state's booming population and dwindling funds for roads demand a creative approach to solve looming traffic problems.

Legislators have been unwilling to raise gas taxes, which typically pay to build and maintain roads. The state's gas tax has been 20 cents a gallon since 1991. Several bills are pending that would raise the gas tax to better reflect inflation.

Mr. Williamson said the Transportation Department is aiming to relieve congestion statewide by selling private companies the rights to toll new "roads of convenience" – such as the Trans-Texas Corridor and State Highway 121. Those projects also will help pay for improvements to established "roads of necessity" such as I-35E, LBJ Freeway and farm-to-market roads.

"We think the path we're on is based on common sense," Mr. Williamson said.

Commissioners and Transportation Department officials said the recent debate over private toll roads has been clouded by "myths" that some of the deals' provisions harm taxpayers.

For example, Mr. Williamson said, shortening the life of the Highway 121 contract to 30 years from 50 would have lowered Cintra's $2.1 billion upfront payment, which will be used to fund other much-needed road projects throughout North Texas.

"What we know reasonably is that the area is congested now, the air quality is poor now," Mr. Williamson said. "The opportunity to make our roads safer is limited. And we don't have the cash flow to build 121 ourselves."

First crack at projects
Another provision approved by House members Tuesday gives the North Texas Tollway Authority first dibs on toll-road projects in North Texas. Critics maintain that the Transportation Department favored Cintra in awarding the Highway 121 contract, and lawmakers have asked the tollway authority to consider submitting a belated bid.

Rep. Linda Harper-Brown, R-Irving, peppered commissioners Tuesday with questions about whether the tollway authority was pressured to stay out of the bidding process for Highway 121.

Commissioner Ted Houghton said tollway authority officials passed on Highway 121 years ago, before the state began embracing private toll-road contracts.

Tollway authority directors will meet today to discuss whether to reconsider a bid for the Highway 121 project.

More than one way to skin this cat: Senate reins in TxDOT through finance bill

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Yesterday the Senate Finance Committee added riders to the state budget that would FORCE TxDOT to get approval from the Legislative Budget Board in order before entering into a Public-Private Partnership (known as CDAs in TX) or any agreement with a non-compete clause. We applaud Senator Ogden for his leadership and creativity on this since Senator John Carona who chairs the Senate Transportation Committee has stalled the effort to move a CDA moratorium bill out of his committee. The Legislature is just as frustrated with the two transportation chairmen in the Senate and House as citizens are since they're stonewalling the will of more than two-thirds of our elected representatives who are FINALLY listening to the PEOPLE!

Keep watching...this battle is FAR from over and TxDOT isn't likely to get the last word when the Governor would have to shut down state government in order to veto such measures!

Link to article here.

Budget add-ons would give lawmakers sway over tolls
'Riders' offer second way to skin tollway cat if other legislation falters
By Ben Wear
AMERICAN-STATESMAN STAFF
Wednesday, March 28, 2007

Looking to rein in a Texas Department of Transportation that one powerful legislator says has "run amok," the Senate Finance Committee unanimously passed measures Tuesday that would give legislative leaders direct control over some toll road policies.The riders attached to Senate Bill 1, the Senate's version of the state's next two-year budget, would give legislators unhappy with the Transportation Department what amounts to a veto-proof mechanism for rolling back the agency's toll road powers.

Dozens of bills have been filled this session with that in mind. But with toll road advocate Mike Krusee, R-Williamson County, in charge of the House Transportation Committee and tollway supporter Gov. Rick Perry wielding a veto pen, it's possible that few, if any, of those bills will become law.
Putting similar controls in the budget, which is the only legislation lawmakers must pass and Perry must sign to avoid bringing state government to a halt, would solve that problem.

The budget riders, among other things, would require the Transportation Department to get approval from the Legislative Budget Board to:

•Enter into "comprehensive development agreements" with private companies to build and operate tollways.

•Include in such agreements non-compete clauses that trigger state payments to those companies if the state makes highway expansions and reduces tollway revenue.

•Spend any money paid to the state by the private companies under such contracts, such as the billion-dollar-plus payments dangled by Spanish tollway operator Cintra.

The Legislative Budget Board has six members: the lieutenant governor, the House speaker, and the chairmen and vice chairmen of the Senate Finance and House Appropriations committees, which write the budget.

State Sen. Steve Ogden, R-Bryan, the Finance Committee chairman and author of the bill riders, was asked whether the measures in effect put the budget board in charge of the Texas Transportation Commission. The five-member commission is appointed by the governor and has been aggressive — overly so, in the view of many legislators — in using the powers granted it by the Legislature in the past three sessions.

"You could conclude that," Ogden said. "My intent is just to provide more oversight."

He said that this new, more activist role for the budget board — assuming the riders survive negotiations with the House over the huge budget bill — might mean the board's six leaders would have to convene with some regularity when the Legislature takes its typical 19-month hiatus between regular sessions.

But Ogden said it was necessary "until we're satisfied TxDOT is acting in the best interest of the State of Texas."

Will the riders survive on the House side?

State Rep. Warren Chisum, R-Pampa, the Appropriations Committee chairman, said Tuesday that he wasn't familiar with specifics of the Senate budget riders. But he is among more than 100 House sponsors of a bill that would ban private road contracts with Texas for two years.

"Selling highways is not politically correct in this state," Chisum said. "I don't care how much you get for it. . . . When you have an agency that's run amok, you have to exercise the oversight authority of the Legislature."

Nichols proposes two-year freeze on private toll road contracts

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Nichols proposes two-year freeze on contracts

by Christine DeLoma
Lone Star Report
March 26, 2007

Responding to the political backlash over the controversial Trans-Texas Corridor toll road plan, lawmakers are seeking to restrict multi-billion dollar highway construction and operation contracts to private companies.
At issue is whether the state should be in the business of leasing roadways to private operators for 50 years in exchange for large upfront concession fees.
 
Among senators leading the charge is former Texas Transportation Commissioner Robert Nichols (R-Jacksonville). Nichols has 25 co-sponsors for SB 1267, which would put a two-year moratorium on TxDOT's ability to enter into comprehensive development agreements (CDA) with private contractors.
"I don't think it was originally conceived certainly by me or the department that we would be selling roads at some point in the future," Nichols said at the March 21 Senate Transportation and Homeland Security committee meeting.

Nichols, who was on the commission when the Legislature voted to let TxDOT negotiate the Design-Build method in procuring highway contracts, said the move occurred with understanding that the agency would proceed with its newfound authority slowly and cautiously. Four years later, he said, there are more than a dozen planned projects underway that would allow private companies to build and operate toll roads.
 
Nichols' bill would squash TxDOT's recently announced deal with Cintra-Zachry to build State Highway 121 in Collin and Denton counties. Under the 50-year lease agreement, Cintra will build a toll road and get the revenue from the tolls in return for paying $2.1 billion in up-front concession fees to the state.
While more than two-thirds of the Senators have signed onto the bill, including committee chairman John Carona (R-Dallas), Carona has expressed reservations about moving the legislation forward. He has indicated he wants to instead try to fix CDAs, rather than temporarily prohibit the contracts.
 
Collin County Judge Keith Self said that delaying the project is unacceptable. Collin County is one of the fastest growing counties in the nation, according to the U.S. Census Bureau, he noted. "I really don't care who builds the road, but we need the road," Self said. If the CDA doesn't go through, government agencies would need $1.3 billion to build the road themselves, he said.

Replied Sen. Florence Shapiro (R-Plano): "I think what should be unacceptable to you as the county judge is to accept a bid on a proposal for [state highway] 121 that is going to gouge our citizens over the next 50 years. That's my concern. And I am not here to kill the road. I have been on city council and [served as] mayor of Plano, and I'm now the state senator in this community. I have never been opposed to roads, ever.
"What I do intend to do is make absolutely sure that every dollar that my citizens spend on these roads is going to be [for] the benefit to my community and the surrounding communities. I am not going to sit back and watch as we give a bunch of money away to allow another entity, a private entity to come in and gouge the citizens of Collin, Denton, Dallas, and Tarrant Counties."
 
Shapiro and Nichols are particularly concerned with the non-compete clauses within the CDA that may be designed to protect the interests of private developers at the expense of the state. In some cases, TxDOT may have to compensate the developer for lost revenues if the state builds ancillary roadways near the toll road.
"They [Cintra] will have a monopoly in the fastest-growing county in Texas, and they can prohibit competition except by the state paying them huge penalties.
 
Many other local officials testified that the moratorium on CDAs would indefinitely delay or kill their planned transportation projects. "The consequences of eliminating this revenue stream would be absolutely devastating to our communities," said Burleson Mayor Ken Shetter. "In addition to its immediate impact, I believe Senate Bill 1267 will hamper our efforts to satisfy our transportation needs far into the future." He urged lawmakers to set reasonable limits to CDAs rather than eliminating the contracts altogether.
Nichols assured local officials that the moratorium does not prohibit toll roads. "The moratorium is against private equity, concession-type toll roads," he said. Non-profit, quasi-public local tollway authorities, like the North Texas Tollway Authority (NTTA) and the Harris County Tollway Authority would still be able to build the roads.
 
Nichols told the committee that his bill contains one exception for Sen. Kim Brimer's (R-Fort Worth) district that applies to managed-lane projects that are far advanced in the CDA stages. However, TxDOT must receive the permission of the commissioner's court before proceeding with the project.

Whether the non-profit tollway authorities can currently compete on a level playing field with private companies is another story. Local metropolitan planning organizations (MPO), charged with setting the transportation policy of a particular region, are enticed by billions of dollars in upfront money that they can get from private companies willing to build and lease a toll road.
 
The moratorium "stops a lot of upfront money," said Tarrant County Judge Glen Whitley, who is a member of the region's MPO. The concession fees would be used to pay for other road projects within the region, he said, adding that he believed NTTA would not have the bonding ability to match Cintra's $2.8 billion concession fee offer. Seventy-five percent would be awarded upfront, with the rest paid over the 50-year length of the lease.
"I think it's very important that we recognize that we're not just talking about upfront money only. We have to look at the life of the project," Shapiro said. Private companies that build toll roads are there to make money, she said. "Their goal and their objective is just to make money, not to build more roads in the community." The NTTA, for example, does not make a profit, it reinvests the toll road money into the community to build more roads, she said.
 
Carona, however, is not ready to throw the baby out with the bathwater. He issued a statement March 22 indicating that Nichols' bill does not address the state's transportation problems. The bill "does not address the things that we need to change about the Comprehensive Development Agreement laws, such as noncompete agreements, up-front payments, and duration or contracts," Carona said. "There is no reason to wait years to fix those problems." For Tarrant County and others, the CDA moratorium "creates a hardship, and we have an obligation to listen to them as well," he said.

Nichols, however, vowed to press on. "The effort to halt private toll road deals is not over," Nichols said in response to Carona's statement. "We will continue working to prevent Texas from entering into bad agreements that will hold our transportation system hostage for the next half century. Pursuing a short-term solution with dangerous long-term consequences is not the answer to alleviating traffic congestion. A two year "cooling-down" period gives us a chance to get these contracts right before we sign away control of our transportation system."
 
Sen. Steve Ogden (R-Bryan), one of the primary authors of HB 3588 said that the Legislature did not intend to allow TxDOT to lease the state's roads to private companies.
Unlike Nichols' bill, Ogden's SB 719 would altogether prohibit the state from granting a private interest a lease on a state road.

To address local officials' concerns the legislation would cut off their revenue stream to build new roads, Ogden has also proposed doubling TxDOT's bonding authority from $3 billion to $6 billion. A portion of the bonds would be guaranteed by the State Highway Fund.

Toll roads a good deal for shareholders, but a bad bargain for taxpayers

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DANGER AHEAD

Toll roads a good deal for shareholders, but a bad bargain for Texas taxpayers

March 24, 2007

By STATE SEN. ROBERT NICHOLS
The Houston Chronicle
Copyright 2007

Few issues have become as emotionally or politically charged over the past few years as toll roads. As a Texas transportation commissioner for eight years and current sitting state senator, I have a well-documented history of supported toll roads to ensure our transportation infrastructure meets the demands of our growing population.

However, supporting toll roads does not equate to supporting a plan that prohibits competition or agreeing to policies that enrich a few shareholders at the expense of the taxpayer.

Gov. Rick Perry, the Texas Transportation Commission and the Legislature exhibited bold leadership and vision by embracing the toll road concept. Using toll roads enables the state to build more roads faster without raising fuel- or other taxes. Few Texans realize that current state fuel taxes do not cover the cost of maintaining current roads, much less to building new roads.
 
As is usually the case, the devil is in the details. As the Transportation Commission began negotiating contracts with private companies to build and operate new toll roads, the commission hit several bumps.

Most companies require at least a 50-year contract to operate and collect tolls. So the decisions we make today will affect taxpayers for the next half century. In the event the state needs to "buy back" the road during the 50-year period, it is imperative for us to have a clear buy-back provision to protect taxpayers.

The private companies prefer to put off addressing the buy-back issue until another day. This means the private companies would be free to hire experts to determine what they think the road is worth. It does not take a genius to figure out the companies will calculate the price in a way that enriches their shareholders and leaves taxpayers holding the bag. Therefore, before any contract is signed, the state should negotiate an agreed-upon formula.

Imagine if you could make a deal with the state to build a store in your hometown, use the state's power of eminent domain to take the land needed for your store and then get the state to agree to refrain from building another store in your hometown for 50 years.

Now, imagine your hometown was projected to have double-digit population growth. While it may be hard to fault any business for pursuing such a deal, the taxpayers would hold elected officials accountable.

When the Transportation Commission announced the proposed corridor along I-35 in 2004, both Cintra-Zachary, the company chosen to build the system, and the Transportation Commission publicly stated there would be no "no-compete" clause in the contract.

Fast-forward a few years later and reality is like a cold glass of water in the face. With few exceptions, the Cintra contract contains a noncompete clause stating no alternative roads can be built within miles of either side of the toll road for 50 years without paying penalties. Many similar contracts are being negotiated that would give private companies exclusive rights to many-mile wide areas of land in Texas' highest growth areas.

Put simply, the state is enacting a policy that forces Texans to drive on a toll road with very few alternatives. In high-growth areas, the private toll operator would be free to increase tolls as demand for the road increases. New road construction by the state would be penalized, thereby setting up a classic monopoly, agreed to by the state, forcing Texans to pay ever-increasing tolls. There should be incentives to relieve congestion, not penalties.

Texas' transportation policy is too important to determine without open debate. Moving fast to meet today's demand does not merit shortsighted decisions.

I filed Senate Bill 1267 to place a two-year moratorium on private equity toll projects. Toll roads can be built in the interim by the local authority or TXDOT; however, the government may not contract with a private company to operate toll roads until the Legislature ensures adequate protections are in place.

Surely we can agree that signing away our ability to expand our transportation system for 50 years in the name of expediency is not a wise decision.

Nichols, a Republican from Jacksonville, represents Texas Senate District 3 in East Texas. He is a retired engineer and former Texas Transportation Commissioner.


© 2007 Houston Chronicle: www.chron.com

'North American integration,' SPP far more than just 'dialogue'

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Link to article here.

Commerce chief pushes for 'North American integration'
Communiqué shows SPP far more than just 'dialogue' with Canada, Mexico
By Jerome R. Corsi
World Net Daily
March 24, 2007



Commerce Secretary Carlos M. Gutierrez
While the Bush administration insists the controversial Security and Prosperity Partnership is just a dialogue with Canada and Mexico, a State Department cable released to WND shows Commerce Secretary Carlos Gutierrez pressing to implement major trilateral initiatives to help "capture the vision of North American integration." The cable was among some 150 pages of State Department SPP documents recently released to WND under a Freedom of Information Act request.

Howard Phillips, who has formed a coalition to block development of a "North American Union" and formation of NAFTA superhighways, told WND the document "makes clear that the agenda of SPP is to pursue major economic integration that redefines U.S. businesses into a 'North American' definition."

"By leading with economics, SPP is crafting a North American regulatory structure that transforms U.S. regulations by 'harmonizing' them with Mexican and Canadian regulations, all without specific congressional approval," said Phillips, chairman of the Conservative Caucus.

 
 

The State Department communiqué, dated May 20, 2005, documents a March 13, 2005, meeting between Gutierrez, Mexican Secretary of Economy Fernando Canales and Canadian Privy Council Assistant Secretary Phil Ventura. The meeting was held just prior to the announcement of SPP at the trilateral summit with the country's three leaders in Waco, Texas, March 23, 2005.
The cable notes Gutierrez opened the discussion by stressing that the July 23, 2005, "Report to Leaders" needed "to show results" that would be "enduring and create an on-going process."

Gutierrez suggested each working group should propose one "big ticket" issue, rather than the "50-60 smaller initiatives" that were then in the SPP "matrix," allowing the "SPP ministers" to capture the attention of the "SPP leaders" with major North American integration goals that were both tangible and important.

"This memo gives us an important 'behind the scenes' look at the trilateral bureaucratic process that gave rise to the "Report to Leaders.

The 2005 "Report to Leaders" on the SPP website, Phillips noted, resulted from a detailed process of trilateral bureaucratic meetings that led to cabinet-level discussions within the three governments. The end result, he said, was for the report to "focus on the major SPP working group initiatives that could advance the goal of North American integration."

Phillips contended a "close reading of the document makes a lie of the SPP 'myth vs. facts' contention that SPP is just a 'dialogue.'"

"The document quotes Canada's Ventura as stating that the three countries should prepare a joint document declaring their trilateral intention to 'integrate' a list of industries, including automobiles, pharmaceuticals, textiles, furniture, and steel," he argued. "Ventura said the more 'trilateral integrated' industries that could be listed, the better."

At the meeting, Gutierrez proposed that the SPP ministers think in terms of a trilateral "integrated" auto industry creating a "Made in North America Vehicle by 2009." He also suggested announcing "an IPR (Intellectual Property Rights) Violation Free Zone by 2010" and that SPP ministers should hold weekly conference calls to advance the agenda.

"The economic route being pursued behind closed doors by SPP working groups is a replay of the exact stealth route taken in Europe," Phillips noted.

"Right now the EU is celebrating with a series of television commercials the evolution over a 50-year period from an initial coal and steel agreement to a full-fledged European Union regional government with the euro as a regional currency," he said.

The recently uncovered State Department memo, Phillips added, makes clear the same bureaucratic process of regional integration is being implemented in North America within working group and minister meetings that are closed to the public and the press.

"The State Department memo also makes clear that Gutierrez is a major moving force driving the North American integration agenda for the Bush White House," Phillips said.

Supporting Phillips' contention, the State Department cable noted in the last paragraph the meeting got off to a slow start, but under Gutierrez's leadership "it resulted in concrete ideas and direction for the working groups."

Trans-Texas Corridor opposition grows, Legislature considers limits

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'Don't pave our land' Farm Bureau pleads
Trans-Texas Corridor opposition grows, Legislature considers limits
March 24, 2007
World Net Daily


Texas farmers are stepping up their opposition to the Trans-Texas Corridor, a massive highway project that ultimately could take about half a million acres of the state out of agricultural production – and according to opponents possibly hasten the advent of a North American Union.

"Our members are overwhelmingly opposed to the Trans-Texas Corridor," said Farm Bureau President Kenneth Dierschke, a grain and cotton farmer from San Angelo. "There's never been any doubt that the impact on agriculture would be negative, but now we see a growing number of people who believe the TTC would be bad for all of Texas."

The organization has called the proposal a "disaster" for farm and ranch businesses that lie in its path, whose owners also are discovering that they have allies in their battle.

In fact, Republican Rep. Rick Hardcastle has filed legislation to delay construction of the controversial Trans-Texas Corridor because the "critical point for me is when the state disregards the personal property rights of hard-working Texans."

Hardcastle, whose district has little support for the project, filed House Bill 3831 in the Texas House of Representatives, which seeks to halt the project until specific improvements on Highway 35 are made. He also is co-author of House Bill 2772, a statewide two-year moratorium on toll road development.

The TCC is a proposed network of privately funded, limited-access toll roads seen by some critics as part of an incremental merger of the U.S., Canada and Mexico. It would be 1,200 feet wide and criss-cross the state like a spider web.

Brenham State Rep. Lois W. Kolkhorst also is working the statehouse, filing two bills which are getting attention. One would kill the TTC plan by removing it from the statutes, and the second would set up a two-year moratorium on the use of private equity comprehensive development agreements.

The second plan, which would prevent outside groups from buying the rights to build and operate toll roads, and keep the resulting revenues, already has 105 co-sponsors, officials said.

Sen. Robert Nichols of Jackson has a matching bill in the Senate, with 27 of 31 state senators already listed as co-sponsors.

"It's a prohibition, for a 24-month period, for any governmental entity in the state of Texas to enter into a tolling agreement with a private entity," Nichols said. "It prohibits them from selling an existing roll road to a private entity in that same period of time."

Nichols also has expressed worry that Cintra-Zachry, the Spanish company scheduled to build the TTC, has inserted "non-compete" clauses in the contracts, so that other roads that would compete with the toll roads would not be allowed – possibly for decades.

Sen. John Carona of Dallas said he sees a growing storm of public opposition to the plans, and he doesn't think the project as originally conceived will be built.

"Pieces of the corridor will be built over the years ago," Carona said. "They are the pieces that would have been built anyway, such as State Highway 130 in Austin."

However, he said the projects won't be four football fields wide.

Just days earlier, McLennan County Farm Bureau President Marc Scott said the TTC would be "devastating to the agriculture industry and to rural communities.

"As a personal note, the 1,700 acres that I produce on are all within the footprint of the proposed TTC,” Scott, a cow/calf and hay producer, said. “So this issue is very near and dear to my heart. My livelihood depends on the outcome of the TTC.”

The $184 billion plan ultimately calls for the construction of a 4,000-mile network of transportation corridors throughout Texas, with separate highway lanes for passenger vehicles and trucks, passenger rail, freight train, commuter rail and dedicated utility zones. As it is proposed, the project would use an estimated half a million acres in Texas.

The concerns about hastening a North American Union lie with the fact that the new Texas superhighways could be expanded nationwide, and allow Chinese goods landed at a Mexican port to be hauled through the United States. To facilitate that, current limits and restrictions in cross-border travel would need to be minimized.

Commerce chief pushes for 'North American integration,' SPP far more than just 'dialogue'

Details
News

Link to article here.

Commerce chief pushes for 'North American integration'
Communiqué shows SPP far more than just 'dialogue' with Canada, Mexico
By Jerome R. Corsi
World Net Daily
March 24, 2007


Commerce Secretary Carlos M. Gutierrez

While the Bush administration insists the controversial Security and Prosperity Partnership is just a dialogue with Canada and Mexico, a State Department cable released to WND shows Commerce Secretary Carlos Gutierrez pressing to implement major trilateral initiatives to help "capture the vision of North American integration." The cable was among some 150 pages of State Department SPP documents recently released to WND under a Freedom of Information Act request.

Howard Phillips, who has formed a coalition to block development of a "North American Union" and formation of NAFTA superhighways, told WND the document "makes clear that the agenda of SPP is to pursue major economic integration that redefines U.S. businesses into a 'North American' definition."

"By leading with economics, SPP is crafting a North American regulatory structure that transforms U.S. regulations by 'harmonizing' them with Mexican and Canadian regulations, all without specific congressional approval," said Phillips, chairman of the Conservative Caucus.

 


The State Department communiqué, dated May 20, 2005, documents a March 13, 2005, meeting between Gutierrez, Mexican Secretary of Economy Fernando Canales and Canadian Privy Council Assistant Secretary Phil Ventura. The meeting was held just prior to the announcement of SPP at the trilateral summit with the country's three leaders in Waco, Texas, March 23, 2005.

The cable notes Gutierrez opened the discussion by stressing that the July 23, 2005, "Report to Leaders" needed "to show results" that would be "enduring and create an on-going process."

Gutierrez suggested each working group should propose one "big ticket" issue, rather than the "50-60 smaller initiatives" that were then in the SPP "matrix," allowing the "SPP ministers" to capture the attention of the "SPP leaders" with major North American integration goals that were both tangible and important.

"This memo gives us an important 'behind the scenes' look at the trilateral bureaucratic process that gave rise to the "Report to Leaders.

The 2005 "Report to Leaders" on the SPP website, Phillips noted, resulted from a detailed process of trilateral bureaucratic meetings that led to cabinet-level discussions within the three governments. The end result, he said, was for the report to "focus on the major SPP working group initiatives that could advance the goal of North American integration."

Phillips contended a "close reading of the document makes a lie of the SPP 'myth vs. facts' contention that SPP is just a 'dialogue.'"

"The document quotes Canada's Ventura as stating that the three countries should prepare a joint document declaring their trilateral intention to 'integrate' a list of industries, including automobiles, pharmaceuticals, textiles, furniture, and steel," he argued. "Ventura said the more 'trilateral integrated' industries that could be listed, the better."

At the meeting, Gutierrez proposed that the SPP ministers think in terms of a trilateral "integrated" auto industry creating a "Made in North America Vehicle by 2009." He also suggested announcing "an IPR (Intellectual Property Rights) Violation Free Zone by 2010" and that SPP ministers should hold weekly conference calls to advance the agenda.

"The economic route being pursued behind closed doors by SPP working groups is a replay of the exact stealth route taken in Europe," Phillips noted.

"Right now the EU is celebrating with a series of television commercials the evolution over a 50-year period from an initial coal and steel agreement to a full-fledged European Union regional government with the euro as a regional currency," he said.

The recently uncovered State Department memo, Phillips added, makes clear the same bureaucratic process of regional integration is being implemented in North America within working group and minister meetings that are closed to the public and the press.

"The State Department memo also makes clear that Gutierrez is a major moving force driving the North American integration agenda for the Bush White House," Phillips said.

Supporting Phillips' contention, the State Department cable noted in the last paragraph the meeting got off to a slow start, but under Gutierrez's leadership "it resulted in concrete ideas and direction for the working groups."

Is Texas the New El Dorado of Spanish Companies?

Details
Public Private Partnerships

Link to article here.

Manufacturing News, Source : The Manufacturer US
Published : 22 Mar 2007 12:40

Published March 21, 2007 in Knowledge@Wharton
Little by little, Spanish companies have been moving into Texas, and they are beginning to enjoy the benefits. In the infrastructure sector, Ferrovial, through its highway subsidiary Cintra, has become a strategic partner with the government in developing the Trans Texas Corridor (TTC-35).

OHL, the construction and service company, has acquired two construction firms. BBVA bank has just acquired Compass [Bancshares], whose headquarters are in Alabama, but which has a larger presence in Texas. However, this is only the beginning. Construction firms, engineering companies, road construction companies and banks, among others, have Texas, the paradise of American oil, in their sights. Their goal is not oil wells but infrastructure, and the growing power of America’s Hispanics.

During the 1990s, large Spanish companies crossed the Atlantic in an effort to conquer Latin America with a vigor that was unknown until then. At that time, their business odyssey was compared to the heroic effort made by Christopher Columbus five centuries earlier. Spain had once more found its El Dorado in Latin America -- a territory that, during the era of the Great Spanish Empire, extended as far as New Mexico, as Spain conquered most of what is now the southern part of the U.S.


Now history appears to be repeating itself. Attracted by the growing Hispanic presence, Spanish companies have begun to extend their tentacles throughout the U.S., especially in Texas. Why has that market attracted so much attention among Spanish companies?

“In the case of the banks, BBVA is looking at a growing and attractive market,” notes David Allen, professor of strategic management at the Instituto de Empresa. “Many of their potential customers have ties to Latin American markets where Spanish banks already have a presence. In this context, Spanish banks have considerable experience. They have had success offering their services to the same segments of customers in Spain.”

A little more than a decade ago, Latinos represented 27.6% of the population of Texas. In 2025, they are projected to exceed 10 million people, or 37.6% of the population. It’s no accident that Texas, along with California and Arizona, has become the new center of attraction for the Latino population, given the opportunities available for financial institutions, especially those that have an infrastructure on both sides of the border, such as BBVA.

In addition, the American Southwest has become the new economic engine of the United States. Markets in that region are growing at an average rate of one point above the rest of the country. They enjoy lower taxes, a greater supply of jobs and lower housing prices. These factors combine to attract companies – not just foreign companies, but U.S. companies – to the detriment of Northern states.

Looking Beyond Hispanics

The Latino population is a magnet for Spanish investors and a possible platform for jumping into neighboring states. In addition, Texas offers other attractions, including its ambitious plan for infrastructure development that offers opportunities to construction firms, road builders, engineering companies, and companies that provide technology, electricity and railroad equipment.

Reflecting this interest, a delegation of big Spanish companies traveled to Texas last February to learn first-hand about the state government’s infrastructure plans, budgeted at $150 billion.

The list of companies that spent tour days analyzing their business options in Texas includes construction and infrastructure companies such as ACS, FCC, Acciona, Ferrovial, OHL, Sacyr Vallehermoso, Azvi and Elsamex; technology firms such as Abengoa, Elecnor, Indra and Soluziona; railroad manufacturer CAF, and Banco Santander. This market has opened its doors more easily thanks to a trade mission led by Jose Maria Aznar, former prime minister of Spain, at the beginning of the year, during which Aznar held meetings with the U.S. Chamber of Commerce.

“The U.S. is an ideal market,” says Mauro Guillén, a Wharton professor and director of the Lauder Institute of Management and International Studies. “The infrastructure is in bad condition; it’s been years since investments have been made in it.” Guillén, who authored a Universia-Knowledge@Wharton article titled, “Ferrovial, Following in the Path of Carlos V,” adds that “central and local governments have a fiscal crisis, which means they are looking for ways to get funding through privatization and concessions that attract private capital. It would not be surprising if Spanish infrastructure companies, which are very competitive, wind up with a piece of the pie.”

Along these same lines, Esteban Garcia Canal, a professor in the University of Oviedo’s business department, explains that “in the case of Spain, the remarkable development of infrastructure projects in recent decades, plus more recent international experience, has provided Spanish companies with advantages that explain their current successes.”

This experience, along with its rapid entry into Texas, has enabled Ferrovial to join with the government to develop the Trans Texas Corridor. Ferrovial has been awarded two toll roads in this project -- sections 5 and 6 of SH130, the high-speed highway, as well as, SH-121, barely a month ago. These two concessions alone add up to an investment of $4 billion.

A testing ground?

The same logic that applies to Texas can be applied to other states, at least in such sectors as infrastructure where construction firms, engineering firms, and providers of technology and railroad equipment are looking into every opportunity. The financial institutions are also there. Nevertheless, it is impossible to avoid a key question: Are Spanish companies using Texas as a testing ground?

Guillén does not think so. In his opinion, their arrival in Texas reflects several different factors that all coincide in one space at one time. “Cintra-Ferrovial came into this market because they obtained a concession for the San Antonio-Dallas toll road. BBVA did so because it is looking for synergies between its banks in Mexico and the Hispanic community in the United States,” he explains.

Allen, however, suggests a wait-and-see attitude. “Currently, the money that has been invested in the United States is being used for exploring the market. A much bigger step would have a significant impact on the bank’s results. There is no reason to run that sort of risk at this moment.”

BBVA has invested 7.410 billion euros in its acquisition of Compass. The deal has enabled BBVA to enter the list of top 20 banks in the U.S. However, the sub-prime mortgage crisis is beginning to spread across the country, leading to a higher rate of late payments. Given such conditions, Allen opts for caution.

“It remains to be seen if Texas is the springboard for Spanish companies into the entire U.S. market,” says Allen, adding that companies from the entire world “try their luck in the United States. This is all part of becoming a big multinational. In manufacturing sectors, things have gone quite well, but the service sector is another [story]; very few companies have yet to get results. Spanish retail banks are very good at what they do. I believe that they have what it takes to achieve their goals. Unfortunately, they have chosen a tricky time to get in because a growing number of mortgage firms are dealing with late payments.”

Guillén, as well, notes the great diversity of the U.S. market. “In consumer markets, including banking, the United States is a fragmented market, with various cultural standards and levels of buying power. It is a very big country.”

As a result, you cannot assume that the same sorts of opportunities will exist in the rest of the country. One example of the problems facing Spanish companies is Zara. The all-powerful Spanish company has taken decades to acquire a niche in the U.S. Although the company entered other markets quickly, in the U.S. its progress has been slowed by cultural differences from one coast to another, as well as the logistical difficulties involved in fulfilling its goal of re-supplying its shops every 15 days. Although Zara has managed to acquire a niche in the United States, it has done so at a much slower pace than usual.

A similar problem could exist for financial institutions. “Perhaps the most important obstacle involves the integration process for banks that have tried to deal with murky problems they face,” says Allen. “From day to day, BBVA has worked in a positive economic environment in the United States. To the degree that this might change, we will see how well or poorly the bank understands the market.”

In addition, Texas is not necessarily the operational center for every Spanish company in the U.S. Many companies have set up shop in other U.S. markets. “Everything depends on the sector,” says Guillén. “Freixenet [the sparkling wine company] operates out of California, which is logical because it is a region with extensive vineyards, but it sells throughout the United States. BBVA is in a large and difficult sector because it is going from state to state. Inditex also operates in many different U.S. states,” he notes.

Whatever strategy Spanish companies follow in Texas and the rest of the U.S., Allen points out the ultimate factor that can be taken as the moral of the story: “Exceptional companies such as Zara and the larger Spanish banks -- Santander and BBVA -- will succeed in practically every market. My major worry is that [Spanish companies] may wind up buying businesses that are overvalued or have hidden problems.” Regarding BBVA’s recent purchase of Compass, he says, “The current challenge for BBVA in the U.S. is the emerging loan crisis, especially among mortgage firms. If BBVA is a winner despite such conditions, it could become a serious player within the U.S. market.”

As published in Knowledge @ Wharton (http://knowledge.wharton.upenn.edu), the online research and business analysis journal of the Wharton School of the University of Pennsylvania.

Perry Slams Toll Road Opponents

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Governor Rick Perry and Transportation Commission Chair Ric Williamson are up to their usual spin...the Governor's own Business Council report done by the Texas Transportation Institute clearly states that indexing the gas tax to inflation or a modest gas tax increase of 8 cents and indexed thereafter are all that's needed to meet future transportation needs, yet he still continues to spread misinformation and use scare tactics saying it would take 75 cents to a dollar gas tax hike. Don't fall for it. This Governor couldn't be more out of touch.

Perry Blasts Toll Road Opponents

Texas Transportation Commission Chairman Ric Williamson says only tolls can solve the state's transportation problems.

By Jim Forsyth
WOAI Radio
Friday, March 23, 2007

Governor Rick Perry lit into toll road opponents today during a speech accepting the Texan of the Year award from the annual Legislative Conference in New Braunfels, 1200 WOAI's Michael Board reports.


Perry says the state has a bright future, unless what he called a 'small group of toll road opponents' succeed in scuttling his plans for the $185 billion Trans Texas Corridor, as well as a series of toll roads around the state.


"The only way we could access as much money and build roads nearly as quickly is if we raise the gasoline tax at a staggering amount of between 75 cents and a dollar a gallon," Perry said.



Perry particularly blasted the Texas Toll Party and other groups which criticize deals with Madrid based Cintra, which along with Zachry Construction Company has won the bidding to build much of the first leg of the Trans Texas Corridor, east of Interstate 35.


"They say they're afraid of foreigners building our roads," Perry said. "I guess I missed the letters of protest over Toyota and Nokia, and Ericsson and other foreign companies that do business in this state."


Several measures are being debated in the current session of the Legislature that would slow down or stop the Trans Texas Corridor and other toll projects.

Several specifically bar the state from entering into deals with foreign companies to build highways.


Also at the conference, Texas Transportation Commission Chairman Ric Williamson delivered a full-throated defense of toll roads.

"By 2012 every penny of cash flow will be dedicated to maintenance and rehabilitation of existing footprint," Williamson said. "That means no money for hard shoulders, left turn lanes, two lanes turned into four, none."


State Senator Jeff Wentworth of San Antonio, who was on the Trans Texas Corridor panel, was asked whether tolls amount to 'double taxation.'


Wentworth said a toll is not a double tax, and furthermore,"its actually more open a form of taxation than the sales tax. With the sales tax, people buy something at the store, they don't know what part of that sales price is the tax. On tolls, you know exactly how much is the toll each time you pay the toll."

House votes to trim governor's veto power due to tolls & other controversies

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News
Link to article here.

Between the HPV mandate, the sale of the state lottery to a private company who hired his son, fast-tracking coal plants, and the privately financed toll road controversy, Governor Rick Perry has invited many curbs to power. He consistently and clearly oversteps his authority and/or fails to heed the will of the people.

House votes to trim governor's veto power

By JANET ELLIOTT
Houston Chronicle
March 21, 2007

AUSTIN -— In another rebuff to Gov. Rick Perry, the Texas House passed a
proposed constitutional amendment Wednesday for an automatic special
session during which lawmakers could attempt to override gubernatorial
vetoes.

"I want to be part of the game," said Rep. Gary Elkins, R-Houston,
author of House Joint Resolution 59.

The resolution easily received the needed two-thirds vote, passing
109-29. A similar measure in the Senate is co-sponsored by 26 out of
the 31 senators.

Last week the House passed a bill to revoke Perry's executive order
requiring middle school girls to get an HPV vaccine.

Rep. David Swinford, R-Dumas, was one of the few to oppose the veto
measure.

"I know a lot of people would like to spit in the governor's eye,"
Swinford said. "I hope you enjoy doing that."

He called the proposal a "sham" that upsets the constitutional balance
of powers between the legislative and executive branches. He said Texas
has been well-served by the existing system.

"This is the separation of powers the way the founders of our state
intended," Swinford said.

If the Senate passes the measure, the constitutional amendment would be
placed before voters in November.

It would require an automatic five-day session at the end of the
gubernatorial veto period in late June.

Perry returned Wednesday evening from an economic development trip to
the Middle East.

"The governor is more interested in working with the Legislature to
pass good bills where a veto is not a consideration, and he would hope
that would be the goal of the House or the Senate as well," spokeswoman
Krista Moody said.

The post-session veto is one of the few strong powers afforded the Texas
governor. Perry has liberally exercised his veto power, using it to
kill dozens of bills and eliminate $2 billion from state budgets since
2001.

He vetoed 83 bills in 2001 and in 2005 eliminated the entire education
budget in an effort to force lawmakers to change the school finance
system.

The governor has 10 days to sign or veto bills that arrive on his desk
during a legislative session. However, for the vast majority of bills
passed in the final week of the session, the governor has 20 days to
review the legislation.

At that point, lawmakers have no recourse and must wait until the next
biennial session to try again to pass the bills.

It takes a vote of two-thirds of the House and Senate to override a
veto. That has not happened since 1979.


March Madness over tolls grips Legislature

Details
News
Link to article here.

This is a great summary of all that's transpired on this issue, however, I would strenuously disagree with Ben Wear's statement that indexing the gas tax "will (not) come close to eliminating the need for new toll roads." He needs to revisit the Governor's own Business Council report done by the respected Texas Transportation Institute at Texas A&M. It states quite clearly that indexing the gas tax prevents the NEED TO TOLL ROADS to meet our needs.

March madness over tolls grips Legislature
Vexed by private tollway deals, affronted by TxDOT's attitudes, Legislature looks to rein in Perry's turnpike push
By Ben Wear
AUSTIN AMERICAN-STATESMAN
March 19, 2007

Mike Krusee looked tired.

The Republican state representative from Williamson County, interviewed at his Capitol office last week, for 10 days or so had been fighting what some people call the creeping crud, a debilitating mixture of cold, flu and allergy symptoms hitting many Central Texans this spring.

But Krusee, for much longer than 10 days, has also been fighting the creeping realization among legislators that over the past two sessions, they might have granted Gov. Rick Perry and the Texas Department of Transportation too much power to create toll roads. For the first time in his three sessions as chairman of the House Transportation Committee and the leading legislative architect of toll road policy, Krusee is having to play defense.

For a number of reasons — campaign trail grumbling last year, disputes with Dallas and Houston toll road agencies, lack of deference to legislators by Texas transportation commissioners, turf battles over huge pots of money suddenly coming Texas' way — the Legislature has been gripped by a sort of March madness over tollways, particularly those that would be in private hands for a half-century.

What remains to be seen is what the madness will lead to by the end of the session May 28. As transportation chairman, Krusee can, in theory, block most legislation seeking to roll back tollway powers. And Perry could veto whatever makes it to his desk.

But more than two-thirds of the Legislature has signed on to legislation that would put a two-year moratorium on concessions, contracts with private companies to build and run toll roads. Dozens of other bills limiting tollway powers have been filed. And powerful legislators, including Senate Finance Committee Chairman Steve Ogden, R-Bryan, are talking about using the power of the purse to curb the Transportation Department.

Perry and Krusee may have no choice but to make concessions on concessions and on other prongs of their toll road agenda.

"Watch the budget," Ogden said. "At the end of the day, TxDOT can't spend a dime without our permission. So, watch the budget."

Ogden has a unique role in the situation.

In 2003, when he was chairman of the Senate Transportation and Homeland Security Committee, Ogden sponsored House Bill 3588, a humongous bill that, among other things, authorized Perry's Trans-Texas Corridor plan and allowed the state to enter into concession agreements with private companies. That bill, conceived and carried by Krusee in the House, basically made possible everything that Ogden and most of the Legislature are now stewing over.

Ogden has filed bills that would prohibit the granting of long-term road leases and require that toll roads become free roads when money borrowed by government for construction is paid off. He says tolls should be a mechanism to get a specific road built, not a profit center. Those two short and simple measures would gut the Transportation Department's toll road policy.

Ogden was asked for his take on why he and so many other lawmakers have had second thoughts about their 2003 handiwork.

"What's going on? We had an election, that's what," Ogden said. "All we're doing is reflecting what we heard on the campaign trail."

Others paint a more complicated picture. Repercussions from HB 3588 were already being felt when the Legislature met in 2005. There was grass-roots toll opposition in Austin and San Antonio and widespread unhappiness among farmers and ranchers about the corridor plan to build 4,000 miles of tollways, railroads and utility easements. But although the Legislature made some tweaks in 2005, mostly to appease the rural concerns, nothing like this session's Category 5 blowback occurred.

It's one thing to upset residents of Austin or Fayetteville and quite another to get crosswise with toll road agencies in Dallas and Houston.

The Transportation Department, in its zeal to award long-term toll road leases to private companies and thus reap multibillion-dollar upfront payments from them, has managed to alienate the North Texas Tollway Authority and the Harris County Toll Road Authority.

The local authorities want first shot at operating toll roads in their areas and feel that the state agency has shouldered them out of the way.

On Feb. 27, the Transportation Department awarded a contract for Texas 121, a road in suburban Collin County north of Dallas, to a partnership headed by Cintra, a Spanish toll road company that earlier won a bid to build 41 miles of the Texas 130 tollway southeast of Austin with Texas partner Zachry Construction. Cintra said it could give the state $2.1 billion upfront and $750 million more over 50 years for Texas 121.

The North Texas Tollway Authority declined to bid on that contract, a choice that, depending on who is telling the tale, may or may not have been made under pressure from Texas Transportation Commission Chairman Ric Williamson and his department.

In Houston, the Transportation Department said in April that it wanted more than $1.2 billion to sell some right of way to the Harris County authority for three more toll roads. That huge price reflected not the real estate value, but what the state could get from a private tollway operator.

Those kinds of huge upfront payments from private road operators excite Williamson and other tollanistas. But they come with a probable consequence to consumers — higher tolls — and stoke fear that the state is underselling the farm to tollway companies.

And legislators are made nervous by the Transportation Department's newfound ability to generate towering wads of cash independent of the state budget.

The Dallas and Houston episodes, along with Williamson's sometimes off-putting certitude about toll roads, have earned the Transportation Department some vigorous enemies in the statehouse, most prominently state Sen. John Carona, R-Dallas. Carona, chairman of the Senate transportation committee, has used that pulpit to bash Williamson and the agency. He also has a thick packet of tollway rollback legislation pending.

Then there is freshman Sen. Robert Nichols, R-Jacksonville, a former transportation commissioner and Williamson ally who is unhappy about language in the pending Texas 130 contract that he says would either tie the state's hands from building free roads near Cintra's section of Texas 130 or force the state to pay Cintra-Zachry tens of millions of dollars in the future. He has filed a Senate bill, with 24 co-sponsors, for a two-year moratorium on private toll road contracts.

State Rep. Lois Kolkhorst, R-Brenham, has a House twin that has 97 co-sponsors.

Those freeze bills, and most of the other toll road bills, may never move, however. This month, Carona has met in private at least three times with Krusee, Williamson and Perry transportation aide Kris Heckmann with the intention of creating an omnibus transportation bill to include elements from the pending bills as well as policy changes sought by the Transportation Department.

"It's important that we take these ideas now and wrap them into some piece of policy that is balanced and makes the most long-term sense," Carona said. "In all fairness, the Legislature has not left the commission with many options other than the pursuit of toll roads."

Which brings up the gas tax. At 20 cents a gallon and holding since 1991, the tax is falling far short of meeting the state's need for new pavement. Carona and Krusee have separate bills to make automatic annual increases to the tax, based on different measures of inflation. Initially, Carona's bill might increase the tax 3 cents a year and raise about $300 million more a year. Krusee's bill might generate a sixth of Carona's.

Neither will come close to eliminating the need for new toll roads.

Perry spokesman Robert Black said the governor, who has steadily opposed gas taxes, "is not going to close the door" on a gas tax indexing bill. Black suggested that if lawmakers take away some powers, "they need to replace them with something. . . . If the Legislature wants to make changes, additions, amendments, that's fine. But let's make sure it pushes forward."

West Texas Trade Corridor: La Entrada sparks controversy

Details
Public Private Partnerships

Link to article here.

Marfa, Alpine on Mexico truck path

Residents of scenic West Texas towns not happy about La Entrada route.

By Barbara Novovitch
THE NEW YORK TIMES
Monday, March 19, 2007

MARATHON — The idea that in a few years, hundreds of diesel-puffing semi trucks from Mexico could be tooling through two small towns in this area of West Texas every day has upset residents.

The towns are on the route of a projected trade corridor from Mexico called La Entrada al Pacifico. In the proposal's current form, La Entrada would route semis through single-stoplight Marfa, population 2,400, and neighboring Alpine, population 7,000, which has three traffic signals on two one-way streets through town.

Marfa is a travel destination for many in Central Texas and beyond, including East Coast art lovers, because of the famed Chinati Foundation, which houses 100 untitled works in mill aluminum by artist Donald Judd.

At a Texas Department of Transportation hearing in Marathon last week, dozens of residents spoke out against the plan, which state officials insisted was strictly preliminary.

"We own a precious natural resource that is becoming more and more valuable: peace and quiet," said Don Dowdey, chairman of the Big Bend Regional Sierra Club. "Out here, scenery, tranquillity and a rural way of life have attracted people seeking relief from congested cities."

The Entrada proposal, he said, "would ruin the heritage of the Big Bend area's beautiful, wide-open spaces."

Some here, however, doubt that the proposal can be stopped.

"How we behave in the next year could have an impact," Marfa Mayor Dave Lanman said, "but I don't think we're going to stop the corridor."

"They have the ability to chip away at it — a little piece here, a little piece there — and they think as the traffic increases, the public will get used to it," Lanman added. "They won't remember when you'd pass just two or three cars for the 24 miles between Marfa and Alpine."

Lanman said he thinks the current highway construction intended to create more passing lanes between Marfa and Alpine was the start of La Entrada, and he fears that the public hearings, which continue today in Midland and Tuesday in Fort Stockton, are being held to fulfill a legal requirement.

Brian Swindell of HDR Engineering in Dallas, which is conducting a study of the plan for the state, which is expected to be finished by next March, said, "We expect to identify the preferred alternative — it could be rail or roadway — and the supporting information that supports selection of that corridor."

He said that bypass routes or a "do-nothing alternative" could also be considered.

La Entrada al Pacifico was signed into law in 1997 by then-Gov. George W. Bush. The oil cities of Midland and Odessa to the north, through the Midland-Odessa Transportation Alliance, have budgeted more than $34 million in state and federal transportation money to promote the route, saying the increase in freight traffic will boost local economies.

By 2010, according to figures cited at a recent alliance conference, 550 trucks are expected to pass daily through Presidio; by 2020, 1,455 trucks. The current average is 49 per day.

Residents of Marfa and Alpine fear that the truck traffic will harm their towns economically because they thrive on tourism.

Subcategories

Eminent Domain

Trans Texas Corridor

Public Private Partnerships

Regional Mobility Authority

Metropolitan Planning Organization

Climate Policy

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