Feds haven’t signed off on truck tolls

By John Howell and Kelcy Dolan
Posted 2/11/16

The Federal Highway Administration (FHWA) has not signed off on Gov. Gina Raimondo’s legislation to toll Class 8 trucks as a means of financing repairs to the state deteriorating bridges.

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Feds haven’t signed off on truck tolls

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The Federal Highway Administration (FHWA) has not signed off on Gov. Gina Raimondo’s legislation to toll Class 8 trucks as a means of financing repairs to the state deteriorating bridges.

In fact, according to FHWA spokeswoman Nancy Singer, the state has not answered questions raised by the department last May when Raimondo first proposed financing a $600-million plan by tolling larger trucks. That plan, which passed the Senate but didn’t come up for a House vote before the session adjourned, has been revised as a result of an increase in federal funding.

Last month, House Speaker Nicholas Mattiello and Senate President Teresa Paiva-Weed joined Raimondo to endorse legislation that reduces state funding to $300 million, sets a maximum one-way toll of $20 a day, and proposes lowering funding costs through the use of GARVEE, or grant anticipation revenue vehicles. With minor revisions, that legislation sailed through the House Finance Committee Tuesday night and was expected to come before the House last night. It is expected to be considered by the Senate today.

But questions persist, including whether the plan to erect toll gantries on interstate highways will gain the blessing of the FHWA.

Singer couldn’t answer that question yesterday.

In an email exchange, she wrote: “[The Rhode Island Department of Transportation, or RIDOT] introduced the RhodeWorks program to FHWA to toll bridges along several interstates, and FHWA requested detailed information through a series of questions on the tolling aspects. Since, we understand that RIDOT has been gathering the responses to our questions.”

Asked why the state hasn’t answered questions, RIDOT spokesman Charles St. Martin wrote: “RIDOT has been meeting continuously with FHWA on the RhodeWorks program, with the expectation that a memorandum of understanding between RIDOT and FHWA would address their questions. As the proposed RhodeWorks legislation was not passed last session, this process has been delayed. RIDOT will begin this process immediately following passage of the RhodeWorks legislation.”

In a later email, St. Martin said the “FHWA has indicated that toll agreements are no longer required for toll authority or project authorization for a toll project but does note that FHWA and the State may enter into a memorandum of agreement.”

St. Martin also provided correspondence with the FHWA. This includes an Oct. 9 letter from Carlos Machado, FHWA division administrator, that states FHWA allows the use of toll revenues for purposes other than maintenance of the toll facility. He goes on to cite regulations that the state would be required to meet.

In an Oct. 13 response, RIDOT Director Peter Alviti reaffirms the basic conditions outlined in Machado’s letter and writes it is the state’s understanding that in order to move forward, the state must “secure authorization to assess user fees; and then we can enter into an MOU with FHWA which will, among other topics, make final determination about the locations of the gantries.”

The May 29 FHWA letter, however, lists far more questions than those raised by Alviti in the October exchange. The FHWA asks for locations of the bridges where gantries would be erected; whether toll revenues would be used on any of those bridges; how the truck size and weight enforcement program will address diversion of truck traffic; and a multitude of other questions.

Asked why those questions hadn’t been addressed prior to submitting the revised legislation, St. Martin said it is RIDOT’s understanding that a memorandum of understanding will set out the details of the program, “and it would have been premature to do so without state approval to toll.”

Warwick Chief of Police Col. Stephen McCartney is also asking questions.

Contacted yesterday, he said RIDOT has not talked to him regarding the impact of truck diversion traffic on Warwick. He said until he has been briefed by the state, he could not comment on the plan.

Meanwhile, Rep. Patricia Morgan has circulated maps showing possible diversion routes to each of the proposed 14 gantries. Morgan hasn’t relaxed her opposition to the legislation. In a call yesterday, she expressed the fear that, once implemented, the initiative will be just another 38 Studios for the state, “but 10 times worse.”

A member of the Finance Committee, Morgan said she was “shut down” for her line of questioning. In spite of the committee action, she continues to urge her fellow representatives to reject the bill.

“There is a lot of information we need that has yet to be provided,” she said. “This is too important for me to be silent, for us all to shut up and go along with it.”

Morgan said she is concerned by legal ramifications of truck tolls and where Raimondo is “placing her faith” for this initiative. The proposal currently calls for tolling only Class 8 trucks, but Morgan worries that could be against federal law.

Reached yesterday afternoon at the State House, Darrin Roth, vice president of highway policy for the American Trucking Association, said the $20 proposed daily cap on one-way tolls is of concern because it would favor local over through-state traffic. He pointed out that a local trucker could drive more than a hundred miles within the state and be charged the $20, while a through state truck could drive 50 miles and be charged the same toll.

“This is a discriminatory issue,” he said.

Roth said the association also questions assumptions the state used to reach net toll revenues of about $38 million after the cost of toll administrations and operating the gantries. He put the association projections at less than half that amount, and said if implemented, the state would lose the bulk of its through-truck traffic, thereby leaving the burden on local trucking.

“We just think this thing needs to be slowed down” Roth said.

Morgan wants more study, too.

“The jeopardy here is that once this passes, Raimondo is going to get right to work, getting the bonds, signing contracts and building gantries,” Morgan said. “What happens if the American Trucking Association wins in court and the proposal is found unconstitutional? Then you have to either toll cars too or stop the whole plan.”

By then the state would have the bonds and money will have been spent, the cost falling on the taxpayers, not unlike in the aftermath of 38 Studios.

She said either way, the state’s economy will be hurt by this proposal, and she worries that no one could leave their home and go into Providence “without passing two tolls.”

She and other Republican legislators are continuing to urge their fellow representatives to reject the proposal.

Morgan said, “We are here to protect the little guy. I don’t believe the representatives involved in this are supporting their constituents well.”

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  • PaulHuff

    All the legislators who shoved this down our throats should be voted out in their next election.

    Especially my State Senator, Erin Lynch, who didn't even have the decency to respond to my concerns.

    Friday, February 12, 2016 Report this