LETTERS

Concerns over tolling expansion unfounded

Posted 2/17/16

To the Editor:

“In the future, there will be tolls on cars and the money will go into the general fund!” This has been a rallying point for those opposing the RhodeWorks plan, which involves …

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LETTERS

Concerns over tolling expansion unfounded

Posted

To the Editor:

“In the future, there will be tolls on cars and the money will go into the general fund!” This has been a rallying point for those opposing the RhodeWorks plan, which involves tolls on 18-wheelers. The problem with this rallying cry? It is wildly misleading and inaccurate.

I say this with confidence for a number of reasons, two of which I will reference here. First, from the language of the bill itself: “No act authorizing tolls on passenger vehicles pursuant to this chapter shall take effect until it has been approved by the majority of those electors voting in a statewide referendum.” Cars cannot be tolled until the voters themselves, in a statewide referendum, vote that cars will be tolled.

Second, the federal government, under the authority of the interstate commerce clause of the United States Constitution, has the power to preempt all state activity if that state activity interferes with federal policy relating to interstate commerce. There are a good number of United States Supreme Court decisions, dating back into the 1950’s, supporting and defining that power.

Nothing impacts interstate commerce more than tolls on roads and bridges. That means we will have to stay within the narrow permission granted by the federal government. That, in turn, means that any toll revenue will have to be used for the repair and upkeep of our bridges and roads, and only for that purpose.

Toll revenue cannot be used for other purposes. The Feds won’t allow it.

And that, in turn, means that no one will be tolling automobiles for the benefit of the general fund.

State Rep. Daniel P. McKiernan

District 7, Providence

Comments

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  • JohnStark

    If I may paraphrase Mr. McKiernan: "I'm from the government and I'm here to help. Trust me."

    Now I need a shower.

    Wednesday, February 17, 2016 Report this

  • wheelchairman

    So is spending millions more for administration cost with these new supervisors suppose to improve our roads? So how is taking out all this debt helping us improve our roads? What were you promised to vote yes? Do you seriously think we trust you to spend this money wisely? We already lead the country in amount per mile for our roads, yet rank last in quality....wow you should feel proud! We're number #1 at wasting money.....round of applause.

    Dean Johnson

    Wednesday, February 17, 2016 Report this

  • wwkvoter

    "Toll revenue cannot be used for other purposes. The Feds won’t allow it."

    Correct. EXCEPT, the more toll revenue they get, the less General Funds needed to go to RIDOT. So, the tolls increase the general fund. DUH.

    Thursday, February 18, 2016 Report this

  • richardcorrente

    Dear Dan,

    The money will end up in the general fund I am sure.

    I am as sure of that as I am that

    1. the state income tax was NOT "temporary".

    2. The Lottery profits were NOT going to schools.

    3. The state sales tax would NOT stay 1% and would NOT at all be "temporary".

    I am against toll booths. They are really only "tax booths."

    Richard Corrente

    Democrat for Mayor - November

    Thursday, February 18, 2016 Report this

  • TruePatriot

    There appears to be a concerted effort on the part of the legislature to promote the fast tracked truck toll scheme through a media blitz of which I have never seen. Thus far this is the second piece in the Beacon, there have been similar legislator opinion pieces in the Jamestown Press and the SC Independent. I suppose the post facto defense of their actions is either because they have received such a public outcry against this anti-business, anti-consumer, job killing legislation that they need to defend their vote or they are trying to rationalize their actions and this media campaign is their form of therapy.

    Friday, February 19, 2016 Report this

  • TruePatriot

    Let me preface my remarks by saying that I am in complete consensus, as I believe are most Rhode Islanders, that we need an equitable financing model to pay for maintaining our highway infrastructure. Let me add that I also have an understanding that our workforce, in particular blue collar labor, need work and that public sector jobs projects are a legitimate form of employment although not the primary or most sustainable source of long term employment, that remains the private sector and small businesses in particular. One problem I have with this Governor's approach to remedying our fiscal ills is  the divisive nature of it. The truck toll plan pits one segment of labor against another (tradesmen/construction vs truck drivers and warehousemen) and targets one segment (class 8 vehicles) of one industry (trucking) against others. 

    Everyone uses our highways and everyone should pay their fair share not one segment of one industry.  Imagine if you proposed a new fee for all attorneys in the state but then said it will only apply to defense attorneys! The many state legislators who are defense attorneys would cry foul and the other attorneys would know that it was just a matter of time before they too would incur this fee.  Of course this attorney fee would never happen because the legislature is weighted in favor of that profession but this example highlights the inequity of this truck toll plan.

    The notion that this approach will target those "free-loading" out of state truckers who use our highways and bridges without paying anything for them is mis-guided as the diesel tax is based on miles driven in the state. A truck does not have to physically buy their diesel in Rhode Island for them to be responsible to pay Rhode Island the diesel fuel tax. It is based on the number of miles they drive in the state, it is called apportionment. If these trucks by-pass our state and go around us, you are correct that they will not put wear and tear on our roads but they also will not be paying us any diesel fuel tax. Diversion will be a loss to our apportionment of the IFTA tax.

    Finding other approaches other than truck tolls would produce $70 million savings (projected, could be much higher) of purchasing and erecting the toll gantries not to mention the huge traffic delays and lost productivity during the gantry construction phase. We will also save the interest costs of floating bonds for this tolling project if we use other revenue streams.

    Trucks and 18-wheeler trucks especially are not the cause of our poor road and bridge infrastructure despite what the DOT Director would have you believe. Certainly smaller dump trucks, which would not pay any tolls under this proposal, carry payloads much heavier than 18-wheeler tractor trailers (100,000+ lbs vs 45,000 lbs maximum legal weight for 18 wheelers) and their weight is more concentrated on less axles. These construction vehicles put more stress on our bridges than tractor trailers yet this current proposal does not toll them. The real culprit for our current condition is poor maintenance and failure to remove winter salt and sand from bridges and roadways in a timely manner (if at all). The rebar and cement of our bridges were corroded over many years of neglect not due to truck use. 

    It is unfortunate that this legislation was fast-tracked through the legislative process so you and your colleagues could have had the necessary time to hear the legitimate concerns of those most unfairly impacted by this tolling approach. Despite what the Governor and Speaker said, the review process was not sufficient and having the Speaker and the DOT Director refer to the legitimate business concerns of Rhode Islanders as "scare tactics" did not serve the public or add to the democratic dialog of our legislative process.

    As a life long Rhode Islander I am concerned that the adverse economic impact of this new tolling plan will undermine our state's economy for years to come and ultimately be far worse than the negative impact of the 38 Studios debacle.

    Friday, February 19, 2016 Report this

  • latitude41

    Every time Rhode Island raises fees or taxes, and truck tolls certainly qualify, business, industry, and commerce slip out the door to other states. With borders so close, Massachusetts is the main beneficiary. The legislators still don't get it as Rhode Island's economic imprint shrinks. So keep layering on those costs and float more bonds Rep. McKiernan with the rest of the one party legislature as this state dies on the vine.

    Friday, February 19, 2016 Report this

  • MyRhody

    I find your last comment interesting. "And that, in turn, means that no one will be tolling automobiles for the benefit of the general fund." So automobiles may be tolled in the future? Just not for the General Fund?

    I was raised to, "Say what you mean, and mean what you say." That being said, let me explain to you as a tax payer in this state what I expect from all members of the State Senate and House of Representatives.

    1) I am barely able to afford to live in this state and I have a good job. No matter who you charge the costs to, I will ultimately paying more somewhere or somehow.

    2) I expect, that you create a committee or legislative body or hire an organization that would be able to review exactly where the money from the DOT is being spent, what costs need to be cut to finance the road and bridge repair necessary.

    3) Passing a bill that provides for eight new positions is unacceptable. If we can not do it with the personnel we already have then we need to eliminate those people or positions before you allow the Governor to hire anyone new.

    4) I would question the Governor how a bill that was passed in less than 24 hours, gave her the time to hire someone from OUT OF STATE to ensure that was the best candidate for a position in which the criteria is not fully written or available to the general public.

    5) I would have included verbiage that would ensure the "6,000" jobs this plan was to create would come from Rhode Island firms. Take a ride by any road work signs that do not belong to the DOT and you will see that most are registered in Massachusetts. Too many Rhode Islanders travel to Massachusetts and Connecticut to work.

    6) Ensuring that the State of RI has additional debts that the taxpayers already cannot afford, reinforces that young people who do not want to pay for the inaction of previous generations will continue to leave this state to live where it is more affordable.

    7) Taxpayers elect officials to be the "watch dogs" of our government officials and ensure that the public's best interests as well as their wishes are fulfilled. Based upon the actions, responses from my own elected officials this does not appear to be the case.

    8) Regarding your claim that the Federal Government will not allow funds to be moved to the General Fund is true. Unfortunately there are loop holes in every law and many towns, municipalities and even the State has tapped into funds, such as pension funds, to move it to where they deemed necessary to use for an emergency situation. Often times, these "loans" go unpaid which just lead to further problems down the road.

    9) You are missing the point about the "out cry" of taxpayers. We no longer trust the elected officials to do what is right for our State and the taxpayers they are elected to REPRESENT. We are not "ignorant" and when our voices go unanswered, unheard, or just plain ignored because someone else has an agenda we will rise up and become vocal and create a plan to ensure that the next time we contact our representation, they listen to us, postpone a major financial decision until all parts were clear. If not, we will exercise our Constitutional rights to remove the offending parties from office.

    Saturday, February 20, 2016 Report this

  • HerbTokerman

    Except that the legislation is illegal under federal law, you cannot toll only trucks and not passenger vehicles since it impedes commerce.

    Once the lawsuits start to roll in, the federal courts will mandate that either you need to toll everyone or no one.

    Then the language in the law that it requires voter approval will not matter since federal law trumps state law.

    Not to mention that the governor's numbers were way off and will not come even close to revenue estimates, particularly since the mass pike toll is cheaper than the proposed RI tolls, the only trucks that will come through RI are the ones that need to deliver here. All others will just go up 84 or 395 to the mass pike.

    Sunday, February 21, 2016 Report this

  • Pmaloneyjr

    Let's talk about fees and where they go. Each cell phone user pays $1.26 each month for a 911 fee. It was revealed this week that only a small portion of the fee goes to the 911 services. The remainder goes in to the general fund. Meanwhile, emergency services go without personnel, ambulances and some towns are losing emergency services all together. This is WRONG! Don't take our money and say you are going to use it for something and LIE about where it goes. Don't tell us it is for our safety while you squander it on a pet project or special interest to get yourself re-elected. We are tired of the lies and tired of you picking our pockets for more and more money each year.

    In 2001, the RI State budget was $4.6 Billion. http://omb.ri.gov/documents/Prior%20Year%20Budgets/Operating%20Budget%202001/1_Budget%20as%20Enacted%202001.pdf

    In 2015, the House approved an $8.7 Million Budget,

    http://www.golocalprov.com/news/house-unanimously-approves-8.7-billion-fy-2016-rhode-island-budget

    THIS IS NEARLY DOUBLE OUR BUDGET FROM ONLY 15 YEARS AGO.

    SO, when you keep taking and taking, and 24,000 people leave RI in the last 10 years... you wonder why?!

    I'll tell you why. They don't trust you. I don't trust you. You all lie. Now, those are facts. What you are selling is not a fact. You didn't take money to fund the 911 system. You aren't just going to toll trucks. As soon as the trucking company sues the state, the federal government will overturn the law and you will have already started spending the money. You will then sell us a story of how you didn't want to toll cars but the federal government made you do it.

    http://turnto10.com/i-team/nbc-10-i-team-rhode-island-911-fees-dont-fund-911-services

    "Last year, 911 fees added up to more than $17 million, but the budget for the E-911 center was about $5 million. The remaining $12 million or so goes to Rhode Island's General Fund. It's a practice that began in 2000 when legislators changed the law to allow 911 fees to be diverted to other areas of the state budget."

    Don't even get me started on a shrubbery fee. You are making national news for your buffoonery, stop making RI look bad. We are already #50 in too many polls.

    Wednesday, March 2, 2016 Report this