Tag Archives: Downtown-Midtown Tunnel

MidTown Tunnel to Open this Summer

Construction zone of Midtown Tunnel. Photo credit: Virginian-Pilot

Construction zone of Midtown Tunnel. Photo credit: Virginian-Pilot

A rare piece of good news on the infrastructure front: The new Midtown Tunnel between Norfolk and Portsmouth will open early this summer, months ahead of its scheduled December completion. Officials with Elizabeth River Crossing said they had made “significant progress” on construction, and expect both lanes of the second tube to be fully open by late summer, reports the Virginian-Pilot.

The financing of the Downtown/Midtown Tunnel project embroiled Hampton Roads in controversy over the timing and size of the tolls. The McAuliffe administration has largely defused the issue, but the flap led many to question the value of using public-private partnerships to build and operate transportation mega-projects.

While private financing, ownership and operation of transportation assets raises many prickly questions, ERC’s performance with the enormously complex Midtown Tunnel project supports the argument that outsourcing design and construction to private entities can be a viable way to limit state exposure to delays and cost overruns.

— JAB

McAuliffe Provides More Relief for Hampton Roads Tolls

by James A. Bacon

The Commonwealth Transportation Board voted Wednesday to make good on Governor Terry McAuliffe’s campaign promise to lower the tolls on two Elizabeth River tunnels. Tolls still will go up but less rapidly than provided for in the $2.1 billion public-private partnership agreement for the Downtown Tunnel/Midtown Tunnel project. Relief for the tolls, which will pay for upgrading tunnel links between Norfolk and Portsmouth, will cost the state $82.5 million over three years.

The CTB approved using $57.2 million in unallocated transportation funds and $24.3 million in bond funds to pay for the toll relief. “This is a good first step,” said McAuliffe, who addressed the board shortly after the vote. “This buys us some time to do what we need to do.”

Bacon’s bottom line. So much for the basic facts. Now for the analysis. Writes the Daily Press: “Both McAuliffe and Layne said they did not like the agreement the state had entered into with the Elizabeth River Crossings project.” But McAuliffe said the state was bound by a contract he described as a “bad deal.”

The contract was indeed a “bad deal” insofar as it jacked up tolls — up to $1.84 one-way for automobiles during peak periods — before the tunnel and highway improvements were complete. Without relief, Hampton Roads citizens would be paying for a benefit they do not enjoy. McAuliffe is right to seek redress.

But if Layne agrees that the agreement was deficient, why didn’t he say something when he served as a Hampton Roads representative to the board back when the CTB was voting to finalize the deal? I don’t recall him challenging the McDonnell administration during board meetings. Indeed, he was a steadfast champion of the project. Perhaps he had disagreements but expressed them in private channels of communication. If so, the question  arises, what good is the Commonwealth Transportation Board? If it’s not a forum for hashing out transportation policy issues, what is it? Will the CTB serve the dictates of the McAuliffe administration as slavishly as it served those of the McDonnell administration?

The only real value I see in the CTB is that it provides some transparency into transportation policy and decision making. We learn what big projects the current administration is pushing. We see presentations on issues that the Virginia Department of Transportation and the Department of Rail and Transit are wrestling with. But as a forum for actually debating issues, it’s useless.

Only Two Words Suffice: Holy Moly! Make that Three Words: Holy Friggin’ Moly!

midtown_tunnelPortsmouth Circuit Court Judge James A. Cales Jr. ruled Wedesday that the state’s $2.1 billion public-private partnership deal for the Downtown-Midtown Tunnel project is unconstitutional. Reports the Virginian-Pilot:

Cales said in his ruling that the General Assembly exceeded its authority in giving VDOT “unfettered power” to set toll rates under the 1995 Public-Private Transportation Act. The decision was a blow for Gov. Bob McDonnell and Attorney General Ken Cuccinelli, whose office defended VDOT against the lawsuit.

The ruling surely will be appealed to higher courts. If upheld, it would threaten the state’s ability to use public-private partnerships to build major transportation projects and, according to attorney Patrick McSweeney, it could hurt the state’s credit rating. McSweeney led the successful campaign several years ago to create regional transportation taxing authorities and participated in a legal bid to derail the Rail-to-Dulles project.

The McDonnell administration will seek a stay from either Cales or the Virginia Supreme Court, allowing work on the project to continue. Elizabeth River Crossings has spent $348 million on the project so far, as of March 31.

Bacon’s bottom line: Holy friggin’ moly!

— JAB

CTB Authorizes $100 Million for Norfolk Toll Relief

Virginia Highway Commissioner Gregory Whirley

by James A. Bacon

The Commonwealth Transportation Board has allocated approximately $100 million in transportation funds to cover the cost of delaying tolls on the Midtown-Downtown tunnels for a year and half, but Norfolk-area commuters still will be stuck paying tolls for two or more years before the new tunnels and Martin Luther King Boulevard extension are complete in 2017.

The $100 million does not come at the expense of other projects. The Virginia Department of Transportation had originally dedicated $395 million in state funds to the tunnels, the top transportation priority in Hampton Roads, but ended up needing only $305 million at deal closing, freeing up $87 million. The state also will tap up to $50 million in GARVEE bonds, backed by future federal transportation fund payments, to cover the balance, explained Virginia Highway Commissioner Greg Whirley. The state had set aside that GARVEE bonding capacity for the project but ended up not needing it.

Whirley could not say exactly how much it will take to eliminate the tolls under the agreement with Elizabeth River Crossings (ERC), the tunnel project concessionaire, but he’s confident that it’s in the $100 million range. The final figure will have to be negotiated with ERC. The CTB action should provide more than enough to cover the cost.

Transportation Secretary Sean Connaughton described the action as an effort to be “responsive to the requests and desires of the General Assembly.” Senator Louise Lucas, D-Portsmouth, had introduced legislation to delay the onset of tolling for a year and a half.

However, foes of tunnel tolls are little mollified. As the Virginian-Pilot reports today:

Del. Kenny Alexander, D-Norfolk, who has hired a lawyer and threatened a lawsuit, called the action “a $100 million giveaway.”

“I’m not in favor of giving Elizabeth River Crossings any more money, not another dime,” Alexander said, adding that he still prefers to stop the project and work out a new deal. “$100 million doesn’t change the toll rate.”

CTB members expressed disbelief that Hampton Roads legislators were taken by surprise by the tolls. “I’ve been on this board two years. I was shocked that there was an uproar over the tolls,” said Aubrey L. Layne, Jr., Hampton Roads district representative. “There were always going to be tolls. There were numerous meetings.”

Shep Miller

“I don’t see how anyone could view this as a surprise,” echoed W. Sheppard Miller III, an urban at-large representative from Norfolk. However, he conceded that Virginia is still new at rolling out public-private partnerships like the Midtown-Downtown project. “We’re learning.”

Tony Kinn, director of the Office of Transportation Public Private Partnerships, defended VDOT’s outreach efforts, listing CTB discussions in Richmond and public hearings in Hampton Roads. (See presentation.) But, he conceded, “There are things we could do better.” In future projects, he said, “We’re planning to add a mass communication component to the process.”

$100 Million in Mo’ Money for Hampton Roads Tunnels

Step right up, there's plenty to go around!

The Virginia Department of Transportation has reached financial close with Elizabeth River Crossings to begin construction of the new $2.1 billion Midtown/Downtown Tunnel project in Norfolk. Also, Governor Bob McDonnell announced today, he will ask the Commonwealth Transportation Board to allocate “up to $100 million” to cover the cost of delaying the tolls until January 2014.

That extra $100 million comes on top of VDOT’s $300 million contribution under the terms of the deal. The good news is that VDOT had originally anticipated kicking in $362 million but was able to pare back its commitment thanks to lower interest rates. Thus, in effect, the state is plowing back $62 million into toll rate relief and contributing a net of only $38 million more.

In a press release issued this morning, the McDonnell administration addressed the volatile reaction in south Hampton Roads to the imposition of tolls on facilities that had been paid off years ago and been enjoyed toll-free since. In an interim agreement negotiated before McDonnell took office, said the press release, the estimated toll was $2.89 for cars. That rate will be lower, $1.59 to $1.84 per car initially under the current plan depending on time of day, although rates will rise over time.

Politically, it will be interesting to see how this plays out.

Will Hampton Roads residents be mollified? McDonnell’s plan eliminates the paying of tolls before the new facilities are actually built, a gross injustice in anybody’s book, and he can claim to have brought down toll rates lower than they would have been. On the other hand, many Hampton Roads residents object to paying any toll. This may not satisfy them.

Also, now that the governor has agreed to buy down tolls for Hampton Roads commuters, he has set a precedent for the Rail-to-Dulles project, for which Democrats have been pushing for an additional $300 million in relief over and above $150 million already promised. If Hampton Roads gets a total state contribution of $400 million, will $150 be enough to satiate Northern Virginia? Or will the governor cave and hand over the full $450 million?

If he does, what’s to stop the Metropolitan Washington Airports Authority, which has been put in charge of the heavy rail project, from making more decisions that add to the cost of the project? Will MWAA back off its decision to stack the deck for Phase 2 bidding in favor of companies operating under union Project Labor Agreements at the risk of a higher winning bid?

Finally, is there any rhyme or reason left to how state transportation dollars are allocated to mega-projects? All of they money we’re talking about here is borrowed, and it’s all exempt from traditional funding formulas which, for all their imperfections, do distribute money around the state according to criteria related to population and need. The calculus is purely political, divorced from any social and economic Return on Investment.

— JAB

“Address the Transportation Crisis” — Code Words for Mo’ Money

by James A. Bacon

In a foreshadowing of a possible grand urban alliance, Hampton Roads mayors have reached out to counterparts in Northern Virginia and the Richmond region to unite in pursuit of a comprehensive transportation funding solution.

“We all recognize the crisis Virginia faces as it relates to transportation, therefore, we strongly believe it is time for the Golden Crescent Region of Virginia to organize ourselves,” states a letter sent this week by the Hampton Roads Mayors and Chairs Caucus.

The Virginian-Pilot described the initiative as the “brainchild” of Norfolk Mayor Paul Fraim and Virginia Beach Mayor Will Sessoms. The letter had support from leaders across Hampton Roads, the newspaper reports. Among south Hampton Roads municipalities, only Chesapeake declined to sign.

The letter comes as the General Assembly prepares to return to the Capitol next week to vote on a state budget after Senate and House conferees nixed $300 million to pay down future toll rates on the Dulles Toll Road and an unspecified amount of additional toll-mitigation funds for the Midtown/Downtown Tunnel project.

A number of years ago, the letter notes, there was an attempt to get the Golden Crescent to coalesce around transportation and education issues. It is time to revive that initiative. “Considering the transportation crisis we now face, we strongly feel it is time again for us to join together, perhaps with the assistance of the business community. We believe our regions working together can effectively influence the General Assembly to address the transportation crisis.” The letter also noted the need to address tax reform and the outcome of the Supreme Court ruling on Obamacare.

The letter proposed convening a summit of the mayors and boards of supervisor chairs from Golden Crescent localities soon after the reconvened General Assembly session. “The purpose of this gathering would be to coalesce around some general ideas relating to transportation funding, developing a strategy, and discuss outreach to the business community. More specifically, we would agree to harness our respective political influence and initiate a campaign to influence our General Assembly to address our significant transportation challenges.”

The letter provides no specific remedies. But it’s not difficult to imagine what the signatories have in mind. They’re not talking about changing they way they do business. They want mo’ money. Someone else’s money.

That’s easier said than done. Here are some of the hard realities that Governor Bob McDonnell and state state confront while trying to find more money for transportation.

  • Gas tax. While elites favor an increase in the motor fuels tax, the general public does not. The reasons for the gulf in sentiment are twofold: (a) Higher-income households can absorb higher prices at the pump more easily than lower/middle households can, and (b) higher-income households place a higher premium on time spent stalled in traffic congestion than do lower/middle income families. For elected Republican officials, whose middle-class suburban and rural constituents drive more than average, the gas tax is politically toxic.
  • Borrowing. The McDonnell administration has already maxed out the state’s borrowing limits for transportation projects without endangering Virginia’s AAA bond rating. (See “Rail-to-Dulles and the Debt Dilemma“). Borrowing more is not an option.
  • General Fund. The General Assembly has just nixed two proposals to divert monies from the General Fund to the Transportation Trust Fund. Democrats, who led the charge for higher gas taxes, also led the charge to defeat proposals that would siphon off monies otherwise reserved for schools, colleges, health care, prisons and other non-transportation priorities.
  • Tolls. The McDonnell administration is aggressively pursuing public-private partnerships that would finance mega-projects by means of tolls. But the Hampton Roads mayors have made it very clear that they don’t like the idea of making their constituents pay the full cost of what it takes to build those projects. So, while tolls remain an option, it’s not one that the letter signatories like.

There are alternatives to spending mo’ money. For the benefit of new readers, or those readers who failed to absorb the wisdom imparted by my previous columns, let me review some of them.

  • Zoning reform. Reform antiquated zoning codes and comprehensive plans that lock suburban growth counties into “suburban sprawl” mode — a development pattern marked by segregated land uses, low density and autocentric design — and make it easier for developers to build compact, walkable, mixed use communities when supported by consumer demand.
  • Prioritize by ROI. Prioritize transportation projects that deliver the greatest social Return on Investment as measured by safety, congestion relief, economic development (attracting primary employers, not retail and service employers) and environmental impact.
  • Devolution. Align transportation and land use by devolving responsibility of secondary roads, along with the means to pay for them, to local governments. If local mayors and chairs make poor decisions, they should pay for them — not the state.
  • User pays. Restructure transportation financing to a “user pays” system — gas tax and tolls are the most practical means at the moment — in which those who benefit from transportation projects are the ones who pay for them. When users pay for transportation improvements, they are more discriminating about what they ask for.
  • Deregulate transit. Revitalize shared ridership by shifting away from the failed model of government-owned transit monopolies to a model based on competition, private ownership and innovation.
  • Technological innovation. Pursue new technologies that drive down the cost of building and maintaining roads. Two examples: the use of LiDAR technology to achieve breakthrough gains in surveying and design efficiency, and the use of cold in-place recycling of asphalt in repaving projects.

Will any of these alternatives to Mo’ Money be on the agenda of the Golden Crescent summit? I would be flabbergasted if they were.

Midtown Meltdown

Norfolk Midtown Tunnel. Photo credit: VDOT

by James A. Bacon

The controversy over tolls on the $2.1 billion Midtown Tunnel/Downtown Tunnel project in Hampton Roads is spreading statewide as transportation advocates in other parts of Virginia ponder the implications of what it means for them. In a missive distributed yesterday Robert Chase, president of the Northern Virginia Transportation Alliance, warned that one “rumored” scenario under consideration by House-Senate conferees would be to renege on the $2.1 billion public-private partnership agreement with Elizabeth River Crossings (ERC), even if it meant triggering multimillion-dollar penalties.

Hampton Roads legislators are up in arms over the deal, which would slap tolls on users of the two tunnels and the Martin Luther King Expressway later this year in order to finance major improvements that aren’t scheduled to be complete for two years. Two weeks ago, the Virginian-Pilot reported, Del. Chris Jones, R-Suffolk, was researching how the contract could be terminated as an option of “last resort.”

If Chase is correct, Jones’ idea has morphed from a research project into an option under consideration by House and Senate budget conferees in Richmond. Jones, as it happens, is one of the six House conferees, as is Johnny Joannou, D-Portsmouth, whose district is at ground-zero of the controversy. Under the Jones scenario, writes Chase, the state “would legislatively scrap the $2.1 billion Hampton Roads Midtown-Downtown Tunnel PPTA contract and mandate that only a new Midtown Tunnel be built entirely with state funding through over $1 billion in federal GARVEE financing.”

Needless to say, that idea won’t play well in Northern Virginia, or anywhere else for that matter. Conferees are weighing the idea of providing an additional $300 million, plus $150 million already agreed upon, to defray the cost of the Rail-to-Dulles METRO rail project in Northern Virginia, but half or more of that project financing still will be paid by commuters on the Dulles Toll Road. It’s an open question how NoVa lawmakers will cotton to an arrangement that extracts $4 tolls from Dulles Toll Road commuters for a rail service they aren’t even using while Norfolk commuters get a new tunnel for free.

Notes Chase:

Scrapping the PPTA deal would mean breaking a legally binding contract with the consortium, incurring financial penalties  and totally circumventing the Commonwealth Transportation Board/state and local planning and approval processes. Not a real private-sector confidence builder for a state with virtually no construction dollars desperate to attract private sector investment. …

Virginia has already committed $400 million to the Downtown/Midtown/MLK Extension project to buy down tolls. To provide the total $1 billion (and allow Hampton Road residents a toll-free trip) the Commonwealth would have to add another $600 million in GARVEE funds or essentially all of the $1.2 billion in authorized GARVEE bond funds for the next 10-12 years to a single Hampton Roads project. (GARVEE bonds are repaid from future federal revenues meaning that about $100 million/year in future federal revenues will go to a single Hampton Roads project as opposed to being leveraged across many throughout the state.)

Transportation officials say that this would most likely kill Northern Virginia’s I-95 Express HOT Lanes project for which GARVEES are targeted and potentially several others including the Route 7/Belmont Ridge Road Interchange and the Leesburg Bypass/Sycolin Road interchange.

In sum, scrapping the ERC contract would derail the McDonnell administration’s entire transportation grand strategy, which is based upon leveraging the borrowed dollars through public private partnerships. Accordingly, the chances of the governor going along with the Jones scenario are just about zero. I would conjecture that Jones doesn’t really want to un-do the ERC deal, he’s just using the prospect of disaster as leverage to extract enough money from the state to offset tolls until the tunnels are built.

Two lines of argument would support such a bid. First, it is entirely unreasonable by any standard to ask people to pay tolls for transportation improvements they are not using. (Admittedly, that argument didn’t work for Dulles Toll Road commuters, so it may not be a strong one.) Second, if the state is forking out up to $450 million for the Rail-to-Dulles to provide toll road relief, it’s hard to argue that it can’t afford a measley $100 million or so for Hampton Roads.

Whatever happens, Virginia has reached a sad state of affairs. Billions of dollars of bond proceeds are sloshing around uncommitted. The monies are not subject to the usual transportation formulas which, though flawed, at least ensure that funds are distributed around the state in a manner roughly approximating population and need. The criteria for allocating bond monies, it appears, will be he who screams the loudest gets the most money. Political considerations will supplant economic considerations, and the results will be sub-par.

Welcome to the New Dominion.

Update: Here’s another reason why the Jones scenario of cutting the cost by building just one tunnel won’t work: The improvements to the Midtown Tunnel, Downtown Tunnel and Martin Luther King Expressway are designed to work as a network. The MLK Expressway will funnel a lot of drivers off the Interstate to the two tunnels, according to my source. The plan is to provide up-to-date info about driving conditions at both tunnels to commuters on the MLK, by signs or other means, to steer them to the least congested facility. Building the  components of the plan one by one won’t deliver the same congestion-mitigation benefits.