Tag Archives: U.S. 460

Horse Gone, Search Ensues to Find Out Who Should Have Closed the Door

barn_doorby James A. Bacon

A new question has arisen about the proposed $1.4 billion upgrade to U.S. 460 between Petersburg and Suffolk. Once the McDonnell administration ascertained that none of the three public-private partnership proposals on the table were viable and that the state would operate the road instead, why didn’t the Virginia Department of Transportation re-submit the construction project to competitive bidding? Why did the administration choose from among the three consortia that had submitted the original proposals?

“There is no doubt in my mind that this should have gone back out for new bids,” Del. S. Chris Jones, R-Suffolk, told the Times-Dispatch. “That would have been the prudent thing for the commonwealth.”

The House Appropriations Committee has summoned Secretary of Transportation Aubrey Layne, appointed by Governor Terry McAuliffe, to appear before the committee today to explain the decision-making process. The highway upgrade, touted as a boon to economic development in southern Hampton Roads when the Panama Canal widening opens, has been put on hold until the U.S. Army Corps of Engineers completes its assessment of the proposed route, which would disrupt hundreds of acres of wetlands.  The state has already paid $300 million under terms of the contract even though construction work yet to begin.

The original concept for the project was a public-private partnership funded mainly by the private sector. Three design-construction consortia submitted proposals but all three made it clear that there would not be sufficient traffic volume on the highway to build it without massive government subsidies. The McDonnell administration decided to cut project costs by selling tax-free bonds through an independent financing authority and limiting the private sector role to designing and building the project.

Over and above seeking an explanation of how the state spent so much money before required environmental permits were obtained, legislators also want to know why VDOT didn’t open up the bidding process once a decision had been made to restructure the project. A larger number of bidders likely would have resulted in a lower winning bid.

An uproar developed over bidding for Phase 2 of the Rail-to-Dulles project in Northern Virginia when the Metropolitan Washington Airports Authority enacted a rule that would have required construction companies to enter into a Project Labor Agreement (PLA), effectively limiting the bidders to union companies. Many feared that the PLA requirement would result in fewer bids and a higher construction cost. Under public pressure MWAA backed off. Apparently, no one was watching the U.S. 460 project closely enough to question the McDonnell administration’s decision to avoid opening up the bidding process for a mega-project of comparable size.

Picking up the Pieces of the U.S. 460 Fiasco

Aubrey Layne

Aubrey Layne

by James A. Bacon

Transportation Secretary Aubrey Layne said today he suspended work on the U.S. 460 Connector project because he didn’t want to run the risk of paying the contractor millions of dollars for work on a project that might be radically revised. The state of Virginia has spent $300 million already on the proposed 55-mile interstate-grade highway with no guarantees that it can obtain the necessary environmental permits to push the $1.4 billion project forward — or get its money back if the permits don’t come through.

“There’s no point in spending money on a road we don’t know will get built,” he said at the monthly Commonwealth Transportation Board (CTB) meeting. “There will be five alternatives looked at, including a no-build option.”

As a member of the CTB before he joined the McAuliffe administration as transportation chief, Layne had been one of the project’s most vocal backers. He reiterated his support today. “I still believe in the purpose and need – increased mobility in the corridor, support of the port, hurricane evacuation,” he said.

But Layne suspended work on the mega-project late last week, citing concerns that the U.S. Army Corps of Engineers might not give its approval. The Corps had expressed concerns from the very beginning about the impact of the proposed alignment on wetlands, he said. Early on, the best guess was that 200 acres of wetlands might be disrupted. But soil borings showed that nearly the entire route transversed wetlands. “It was discovered that it could be 480 acres,” he said.

When Layne took over as transportation secretary, he explained, he adopted a different perspective from his previous role as CTB member, advocate and chairman of the 460 Funding Corporation, the entity created to float toll-backed bonds to help pay for the project. As chairman of the funding corporation, he had a fiduciary responsibility to look out for the interests of the bond holders. As transportation secretary, he has a responsibility to look out for the interests of citizens and taxpayers.

To date the state has spent roughly $300 million on the project. VDOT accounts for roughly $60 million in project management costs. The contractor, US 460 Mobility, has spent about $100 million on environmental work, and the state has paid it roughly $140 million for “mobilization,” preparing for construction by setting up an office and hiring crews. He doesn’t have any more environmental work for the contractor, and he doesn’t want to continue paying millions of dollars for months on end when there is no certainty that the proposed route will win regulatory approval.

Problems with P3s. CTB members were generally supportive yesterday of Layne’s decision. Earlier this week, however, former Transportation Secretary Sean Connaughton was quoted in the Washington Post as saying, “Preliminary studies show around 400 acres impacted over a 55-mile corridor, which is fairly small given the size and scope of the project. The current Administration needs to complete the supplemental study, design a wetlands mitigation and avoidance strategy, get the Army Corps permit, and build the road. It’s that simple.” He also said there was “no problem with the structure of the contract” with US 460 Mobility.

In a lengthy explanation of the background to the deal, Layne offered a different spin. “From my viewpoint, it was people in their particular positions making the best decisions they had with the data they had,” he said. However, he alluded to the inherent tension between confidentiality and openness in the Public Private Partnership (P3) process.

The process was open in the early stage when an advisory group studied broad approaches to the 460 corridor. Based on that group’s recommendations, three different consortia submitted their proposals on how to finance and build the highway. In the end, the McDonnell administration decided they were all too expensive and took over ownership of the proposed highway, enlisting US 460 Mobility only to design and build the project. Those negotiations occurred totally in secret, as allowed by the P3 law. The McDonnell administration was not required to obtain CTB approval to sign the contract (although the CTB did have to allocate money for the project), and VDOT gave the CTB what Layne characterized as a “high-level briefing.” “The CTB,” he added, “was not privy to the terms of the contract.”

W. Sheppard Miller III expressed frustration with the process that he did not voice publicly at the time: “I have been very uncomfortable on a couple of projects we had. I didn’t have the data I needed to make a decision. At the same time, I was asked to vote. Don’t ask me to do something without giving me the information I needed. I voted like everyone else. I didn’t like it. I was very uncomfortable at the time. I don’t want to be in that position again.” Continue reading

Busy Day at the CTB

Many meaty stories from the Commonwealth Transportation Board meeting today. It will take me a long time to do them all justice, so, for the moment, I will settle for whetting your appetite with the highlights.

  • The Charlottesville Bypass is dead. It may not be buried — a few ritual oblations remains — but it is lying in the coroner’s office. The McAuliffe administration has tasked a Rt. 29 Advisory Panel, headed by former highway commissioner Philip Shucet, to develop recommendations for improving mobility through the U.S. 29 corridor in the Charlottesville area that fits the state’s current budget parameters. The group will examine a wide variety of options. However, Shucet said, “The bypass is not something we would consider.”
  • Can we get that $300 million back? Transportation Secretary Aubrey Layne announced earlier this week that he has suspended spending on the U.S. 460 Connector on the grounds that the U.S. Army Corps of Engineers has warned that it may not grant a critical environmental permit. He noted that the state had spent roughly $300 million so far, about $60 million for Virginia Department of Transportation oversight, $100 million for environmental work by the contractor, US 460 Mobility, and another $140 million for the contractor’s “mobilization,” which includes opening and staffing offices in preparation for the work to begin. VDOT will consider alternative routes, including upgrades to the existing U.S. 460. Layne told Bacon’s Rebellion that he could not now say how much of that $300 million could be recovered. “If it’s a different alignment, we’ll have to negotiate with the contractor.”
  • VTrans is reappraising its forecast methodology. The Secretariat of Transportation, which oversees the VTrans long-range planning process for Virginia’s transportation needs, is implementing the biggest overhaul in its forecasting methodology seen in years. Past forecasts of future transportation demand largely extrapolated from previous trends. But Deputy Transportation Secretary Nick Donohue told the CTB that past projections overshot actual demand by a wide margin. This time around, he said, planners would take into account indicators of changing demand such as Americans’ increasing preference for walkable communities, the declining interest of teenagers in acquiring a driver’s license, and the surge in multifamily housing construction.
  • Expand the Washington Metro… or build an extra 110 lane-miles of highway? The Washington Metropolitan Area Transit Authority wants Virginia, Maryland and Washington, D.C., to kick in an extra $6.1 billion to fund its aggressive Metro 2025 capital improvement program, requiring annual average contribution in $190 million a year more from each state by 2021. Expanding the number of cars per train to eight, WMATA Richard Sarles told the CTB, would increase people-moving capacity in the region by the equivalent of adding two lanes to Interstate 66 or building 110 lane-miles of highway.

— JAB

Can McAuliffe Thread the U.S. 460 Needle?

Layne (left) and McAuliffe. Photo credit: WAVY.com

Layne (left) and McAuliffe. Photo credit: WAVY.com

Will Gov.-elect Terry McAuliffe reverse one of the biggest legacies of the McDonnell administration, construction of the new U.S. 460 between Petersburg and Suffolk?

The $1.4-billion, Interstate-grade highway, upon which the McDonnell administration has already lavished $200 million, has cleared all significant hurdles but one: approval by the Army Corps of Engineers. But the project would impact 480 acres of wetlands, and the Corps has warned that the state is proceeding at its own risk.

McAuliffe told the Virginian-Pilot Wednesday that the state shouldn’t spend money on the project until it was “100 percent sure” the federal permit would be issued. Even if the feds do approve the project, he said, he’s still not firmly committed to the project. “I’m going to take a hard look.”

It’s difficult to know how seriously to take McAuliffe. On the one hand, he is deeply indebted to environmental groups, who contributed more campaign cash than any other industry or advocacy group. On the other, it’s hard to square cancellation of U.S. 460 with the selection of Aubrey L. Layne, a Hampton Roads businessman, as secretary of transportation. Layne worked for years to get the U.S. 460 project built and now chairs the funding authority for it!

As a member of the Commonwealth Transportation Board under McDonnell, Layne made the case that the highway would provide an alternate hurricane evacuation route for Hampton Roads and a second outlet for freight-laden trucks out of Virginia’s ports. The ports are expected to be a major beneficiary when the Panama Canal widening project is completed in 2015.

Would Layne really have signed up for the top transportation job if he thought McAuliffe would pull the rug from the project? Is McAuliffe just making noises to appease the environmentalist lobby? It will be fun to watch how the governor-elect wiggles his way out of this one.

— JAB

Will Wetlands Controversy Swamp the Commonwealth Connector?

Wetlands where the Nottaway and Blackwater Rivers converge to form the Chowan River.

Wetlands where the Nottaway and Blackwater Rivers converge to form the Chowan River.

The Virginia Department of Transportation has spent $192 million on design and other work on the U.S. 460 Connector but the U.S. Army Corps of Engineers has yet to give a permit for the project, which would destroy an estimated 480 acres of wetlands.

VDOT officials quoted by the Virginian-Pilot‘s Dave Foster say work is proceeding on portions of the project not affecting the wetlands because they are confident they have plotted the most practical, least environmentally damaging alternative for the four-lane, limited access tollway. The $1.4 billion toll project, now dubbed the Commonwealth Connector, will provide interstate highway-quality access from Petersburg to Suffolk. The investment of roughly $1 billion in public dollars has been justified on the grounds that the highway will stimulate the Ports of Virginia and port-related industrial development.

But the Army Corps is still studying the environmental impact, and the Southern Environmental Law Center has called upon the Federal Highway Administration (FHWA) to require VDOT’s design-build contractor to halt work until the environmental reviews are complete. The wetlands include pine flats and river swamps that sprout cypress and tupelo trees in the watersheds of the Blackwater and Nottoway rivers. A local environmentalist described them as looking like “dinosaur land.”

VDOT’s latest environmental report concludes that the 480 acres of impacted wetlands far exceeds the 129 acres estimated in the Environmental Impact Statement. That’s an “astonishing” 270% increase, stated SELC attorneys Trip Pollard and Morgan Butler in a letter to FHWA Division Administrator Irene Rico. That amount is three times larger than the estimated impact of the proposed Southeastern Parkway, which the FHWA had terminated on environmental grounds.

“Given the unprecedented magnitude of wetlands impacts now expected to result from the new Route 46o, we believe this proposal warrants serious reconsideration,” stated Pollard and Butler. To ensure that the review is not biased by “any further irretrievable commitment of resources” to the project, FHWA should halt work until the review is complete, they said.

— JAB

Dem Congressmen Urge Delay of U.S. 460

In a letter dated yesterday, one day before the McDonnell administration announced the closing of the $1.4 billion U.S. 460 upgrade, Virginia’s three Democratic congressmen urged state and local officials to delay implementation of the project  to make sure it is “properly viewed and analyzed.”

The tolled highway between Suffolk and Petersburg would carry only 8,700 vehicles a day when it opens in 2018 but would have substantial impact on “valuable wetlands and other natural resources,” states the letter, signed by Rep. Gerry Connolly, D-11; Bobby Scott, D-3rd; and Jim Moran, D-8th.

VDOT’s underwhelming traffic projections for the project are of particular concern considering the transportation funding challenges we face at both the Federal and State levels. A decision to divert a significant portion of limited transportation funding to build a new Route 460, which has such low traffic congestion that it twice failed to generate private sector interest in constructing and operating the toll road in exchange for revenue, must be examined in a thorough and transparent fashion.

We believe that Virginia’s scarce transportation dollars must be prioritized and directed toward the Commonwealth’s most critical transportation needs, such as financing the third crossing of the Hampton Roads, reducing the proposed excessive tolls at the Midtown and Downtown tunnels in Norfolk, expanding I-64 between Richmond and Newport News, and numerous critical project in Northern Virginia.

The Army Corps of Engineers has not yet granted the permits for the project and “numerous” state legislators and local officials have raised questions about the project, noted Stewart Schwartz, executive director of the Coalition for Smarter Growth. “Now, with the Congressional inquiry, there may be additional and much needed scrutiny of the project, the contracts for which hopefully have contingency clauses allowing the state to cancel or withdraw from the contract.”

Bacon’s bottom line: Do three Democratic congressmen and the Army Corps of Engineers answering to a Democratic Obama administration have enough pull to delay the project? I don’t know. It will be interesting to see how this plays out.

— JAB

U.S. 460 Upgrade a Done Deal

The McDonnell administration touts U.S. 460 as an economic development project, not a congestion-relief project.

The McDonnell administration has closed on a deal to finance, design and build a new U.S. 460 between Suffolk and Petersburg, providing the Hampton Roads region an interstate-quality alternative to Interstate 64 to connect with the interstate highway system.

The $1.4 billion project has been justified as a cost-effective way to promote the competitiveness of the Virginia ports, attract major industrial investment,  enhance the connectivity between military installations, create an additional hurricane evacuation route and allow visitors a more predictable route for reaching tourist destinations.

“There is a clear and critical need for the new U.S. 460,” said Governor Bob McDonnell in a press release announcing the close. “Today, the Commonwealth is finally delivering on that need and building a project that will not only make transportation better for the southeastern region and the state, it will also generate jobs and economic development opportunities, bringing extensive long-term benefits in so many ways.”

US 460 Mobility Partners, a for-profit partnership of Ferrovial Agroman, S.A. and American Infrastructure, will design and build the project. The non-profit Route 460 Funding Corporation of Virginia will issue bonds, set toll rates, collect tolls and operate the highway.

The Virginia Department of Transportation will contribute $903 million to the project, while the Virginia Port Authority will kick in another $250 million. Toll-backed bonds will account for only $243 million — or roughly one-sixth of the total cost.

The project never generated much outright opposition, although some Hampton Roads planners and business interests said the highway was a lower priority than other projects that would have relieved traffic congestion in the region’s urban core. Smart Growth groups faulted the Public Private Partnership Act process for giving the public insufficient time to review and respond to the final deal terms. Also, they say, the McDonnell administration never gave serious consideration to less expensive alternatives, nor did the Commonwealth Transportation Board ever weigh the state’s $900 million investment against competing rail, transit or local road projects.

The U.S. 460 toll road is scheduled to open in 2018.

— JAB

Uh, Oh, Irresistible Force Meets Immovable Object

The $1.4 billion U.S. 460 Connector has hit a roadblock: The Army Corps of Engineers is not ready to sign off on the route selected by the Virginia Department of Transportation (VDOT), reports Dave Forster with the Virginian-Pilot.

VDOT’s proposed route for the Interstate-grade highway, which would parallel the existing U.S. 460, is not the best option to minimize damage on wetlands, and the Corps will not permit the project until the matter is resolved. Among three routes examined, the Corps contends, the least environmentally damaging would be one that utilized the existing highway and added bypasses around several small communities.

But VDOT counters that the Corps’ plan is not financially feasible because it would be impractical to toll. Tolls account for more than $200 million of anticipated funding for the project. Moreover, VDOT’s route would offer improved safety, greater travel time savings and an additional hurricane evacuation route.

VDOT had planned to purchase wetlands credits from private mitigation banks to offset the wetlands destroyed by the project, according to Corps correspondence, but the Corps had not yet determined whether they would be deemed acceptable compensation.

VDOT has selected 460 Mobility Partners, comprised of Ferrovial Agroman, S.A. and American Infrastructure, to design and build the road. Design and right-of-way work on the 55-mile highway is scheduled to begin in 2103, with construction commencing in 2014.

— JAB

New Criticisms of the U.S. 460 Connector

U.S. 460 near Disputanta

by James A. Bacon

The state of Virginia is putting $400 million more of its own cash — $1.18 billion in all — into the U.S. 460 Connector under a recently announced deal financing than it would have under a public-private partnership contemplated two years ago, writes Peter Samuel, proprietor of Toll Road News in a recent analysis of the deal.

All for what? To upgrade a stretch of highway between Suffolk and Petersburg that averages traffic flows of between 20,000 and 30,000 vehicles per day at present and, when hoped-for port traffic materializes, will support only $216 million in debt, or 15% of the capital cost..

Samuel concedes that the U.S. 460 project will have some benefits. It will reduce the pressure on highly congested Interstate 64 and the Hampton Roads Bridge-Tunnel, expedite southwest-bound port traffic using Interstate 85, and provide an alternate hurricane evacuation route.

But he notes that “for political reasons,” tolls are being set well below revenue maximizing levels, only $.06 per mile for cars and $.21 per mile for trucks. Tolls, he suggests, could generate less than $10,000 daily when the highway opens in 2018. Politics, he adds, also are evident in a promise to freeze toll rates if revenues exceed the base-case forecast by 10% to 20% over a three year period — “the inverse of business logic.”

Bacon’s bottom line: In 2010, Cintra 460, one of three business consortia bidding on the project, submitted a conceptual proposal that called for $782 million in state subsidies, $400 million less than the McDonnell administration approved this fall. As Samuel rightly characterizes it, the decision to increase the subsidy and buy down toll rates was a political one.

The McDonnell administration has justified the $1.4 billion project mainly on economic development grounds based upon (1) an expectation that Virginia ports will gain significant market share when the Panama Canal widening project is complete, and (2) a belief that Virginia economic developers can parlay the increased freight traffic into major industrial development along the U.S. 460 corridor. Neither assumption has been subjected to rigorous analysis. Moreover, no one appears to have asked, what else could the state do with $1 billion to to stimulate economic development around Virginia? Does the U.S. 460 Connector truly offer the highest risk-adjusted Return on Investment?

Remarkably, there has been zero griping from other regions about the extraordinary beneficence displayed by the McDonnell administration toward Southeast Virginia. Even more extraordinary is the fact that there has been next-to-zero push back against the administration’s planned expenditure of up to $400 billion to buy down tolls way below their revenue-optimizing level.

Virginia is projected to run out of state funding for new road construction by 2017 or 2018, barring action by the General Assembly to identify new sources of revenue. Aside from federal funds, the $3 billion raised by the McDonnell administration by borrowing money is all there is to play with. The administration’s original plan was to leverage those resources through toll-driven public-private partnerships. Now it has chosen to commit one-third of its borrowed funds to a project that will generate only $.20 in private investment per dollar of public investment.

Meanwhile, there are plenty of other places where Virginians would like to see a greater state commitment to buy down tolls. Just ask Northern Virginia riders on the Dulles Toll Road and Norfolk commuters using the Downtown and MidTown Tunnels.

I am baffled how the administration has managed to push this project through with so little controversy. I attribute the silence to a confluence of factors. This economically depressed corridor desperately seeks industrial investment, which means there is no concerted opposition. The General Assembly gave the administration carte blanche to invest the transportation debt, and the Commonwealth Transportation Board is a rubber-stamp organization where no hard questions are asked. Finally, the Suffolk-Petersburg corridor falls outside the coverage areas of the Virginian-Pilot, Daily Press and Times-Dispatch, so the news media are not giving the project the scrutiny it deserves.

CTB Advances $1.4 Billion U.S. 460 Project

With a new financing plan, the interstate-grade U.S. 460 Connector is a go, as the McDonnell administration touts the highway’s economic development potential.

by James A. Bacon

The Commonwealth Transportation Board approved Wednesday the issuance of up to $425 million in tax-free bonds to finance construction of the U.S. 460 Connector between Petersburg and Suffolk in one of the priciest economic development initiatives in Virginia history.

The state will contribute roughly 80% of the cost of the $1.4 billion project with funds funneled through the Virginia Department of Transportation (VDOT) and the Virginia Port Authority. Bonds, to be supported by toll revenues, will pay for the balance of the 55-mile, Interstate-grade highway, which is designed to bolster the competitive position of Virginia’s ports and attract large industrial and logistical investments to the U.S. 460 corridor.

Most of Virginia’s transportation mega-projects address a congestion crisis, but U.S. 460 represents an opportunity, Aubrey L. Layne, the Hampton Roads district representative, told fellow CTB members. Layne, who has worked behind the scenes for years to bring the project to fruition, described the project as “forward looking.” An upgraded U.S. 460 will relieve an overloaded Interstate 64 north of the James River and it will serve as an alternate hurricane evacuation route, but its main purpose is to stimulate economic development. U.S. 460, he said, has great “potential.”

“If the governor were here today, he’d say one word: jobs,” injected Gary Garczynski, Northern Virginia district representative, later in the meeting. He hopes the U.S. 460 project will provide a model for a north-south outer beltway for Northern Virginia, he added.

“The new Route 460 highway is critical to economic development in this growing region of Virginia,” confirmed Governor Bob McDonnell in a prepared statement released shortly after the vote. “The new highway will stimulate business development in the region and accommodate freater freight traffic from the Port of Virginia, benefiting the entire Commonwealth. Chmura Economics estimates that the new highway will have an annual economic impact by 2020 estimated at $7.3 billion.”

Sheppard Miller (left) and Aubrey Layne, representatives from Hampton Roads, chat after the CTB vote on U.S. 460.

Although several CTB members pressed McDonnell administration officials for assurances that the state was amply protected in the event of a hypothetical bond default, the board voted unanimously to approve the bond issue.

The main note of skepticism came from Stewart Schwartz, executive director of the Coalition for Smarter Growth. Speaking during the public comment session, he described the administration’s approach as a “rush to judgment” on the project, which has received little public scrutiny and review. The case for the highway, he said, was based upon a number of economic assumptions, such as an anticipated jump in container traffic that Hampton Roads will see when a major Panama Canal widening project is complete and an ensuing surge in the number of trucks and tolls on U.S. 460.

Schwartz also questioned whether the state’s commitment of between $753 million to $930 million was the optimal use of finite resources. The state has tapped out its borrowing capacity and state funds for new construction is fast eroding. There won’t be any more money for mega-projects available for years, he said. In a knowledge-intensive economy in which knowledge workers are increasingly stuck in traffic, he asked, is betting on factories and distribution centers a wise use of money? “Are there better investments you could be making with scarce money? … If this were your business, would you make the investment?” Read more.

CTB Takes Next Step on 460 Connector

Peanut fields in Southeastern Virginia

The Commonwealth Transportation Board (CTB) formally authorized today the Virginia Department of Transportation (VDOT) to set up a 63-20 corporation capable of issuing bonds for construction of the U.S. 460 Connector between Suffolk and Petersburg.

VDOT chose the quasi-state entity as the vehicle for building the interstate-grade highway, estimated to cost about $1.8 billion, because the project was untenable as a public-private partnership. Even with more than $800 million in financial support from the state and the Virginia Port Authority, the project would be hard pressed to generate sufficient revenues in its early stages to both support bond payments and give a private-sector partner a favorable return on its equity investment.

The McDonnell administration justifies the project on economic development grounds, arguing that the highway will stimulate container shipments through Virginia Ports upon the completion of the Panama Canal widening as well as to attract top-tier manufacturing investment to Southeastern Virginia.

Smart Growth advocates question whether the state should take on so much financial exposure based on projected economic growth that may or may not materialize. Virginia has many other pressing transportation priorities that could be funded with all that public money. Even many Hampton Roads government officials say they have higher priority projects locally that would relieve traffic congestion at choke points like the Hampton Roads Bridge Tunnel. However, no organized resistance to the project has emerged, and no one on the CTB spoke against it.

For a detailed discussion of the project finances, see “VDOT Restructures U.S. 460 Financing.

— JAB

CTB Approves $80 Million Line of Credit for 460 Connector

James A. Davis, Staunton District representative

by James A. Bacon

The Commonwealth Transportation Board approved Wednesday the granting of an $80 million line of credit for the U.S. 460 Connector project. That sum will be subordinate to any bonds issues to pay for the road, meaning that if toll revenues fail to meet projections, the state funds will be tapped to meet interest payments before bond holders suffer any losses.

The CTB decision increases the state’s potential exposure to the project, a 55-mile highway to be built to interstate standards between Suffolk and Petersburg, to more than $800 million. The McDonnell administration has already committed $500 million, while the Virginia Port Authority has pledged another $250 million.

“The credit enhancement will allow a higher level of debt to be issued at a lower interest cost,” explained John Lawson, chief financial officer of the Virginia Department of Transportation.

Although the board unanimously approved the McDonnell administration proposal for the use of Virginia Transportation Infrastructure Bank funds, several members did express concerns about the potential for state losses. The project, which is estimated to cost roughly $1.8 billion, will incur significant losses in the early years but should increase toll revenue as an anticipated port boom, triggered by a Panama Canal expansion, generates increased freight traffic out of Hampton Roads. The question is, how fast will that projected traffic materialize?

James A. Davis, representative of the Staunton district, said he favors the project but has vivid memories of when he sat on the board of the Dulles Greenway toll road. Backers of that project were enthusiastic about the traffic growth projects but did not anticipate that state-funded improvements to Route 7 in Loudoun County would divert much of the anticipated traffic. The Dulles Greenway went broke. The 460 Connector, Davis noted, also has a competing roadway — the existing U.S. 460.

W. Sheppard Miller, an urban at-large representative from Norfolk, reiterated Davis’ concern. “This is projected to save you 10 minutes [travel time]. There’s a lot of people who won’t use it.” However, Miller said he supported the project in order to support the anticipated freight growth in Virginia’s ports and the manufacturing and logistical investment that it will give rise to.

Transportation Secretary Sean Connaughton defended the 460 Connector as a less expensive alternative to other mega-projects proposed in Hampton Roads. He also described toll revenue projections as “very conservative.”

No one made mention of the recent news from Transurban, operator of the Pocahontas Parkway, which announced that it had written down $138 million of its $548 million investment because its traffic forecasts never materialized. That road opened in late 2002. Transurban took over operation in 2006 under a 99-year lease as part of a public-private partnership with the state.

VDOT Restructures U.S. 460 Financing — Public Private Partnership Is Out

by James A. Bacon

Having concluded that the U.S. 460 Connector cannot be financed under a public-private partnership (P3) arrangement, the Virginia Department of Transportation (VDOT) has opted to pursue the $1.5 billion-to-$2 billion project as “63-20” nonprofit corporation.

U.S. 460, which would provide Hampton Roads an interstate-quality alternative to Interstate 64, would have insufficient traffic volume in the early years to cover the bond payments. “The risk is very high,” Dusty Holcombe, deputy director of the Office for Transportation P3s, told the Commonwealth Transportation Board at its May meeting in Bristol last week. To compensate for the risk, the private-sector partner would require a very high return on its equity investment.

Setting up a non-profit entity will allow the state to finance most of the project with debt, which is cheaper than equity, Holcombe explained. Under the new “design-build-finance” model, the private-sector partner still would design and build the highway, and would be expected to bring $400 million to $600 million in private financing to the table. The Virginia Port Authority would contribute $250 million over 40 years, while the state would issue GARVEE bonds (backed by future federal transportation funding) for the balance of the project. Additionally, the state would commit $80 million from the Virginia Transportation Infrastructure Bank as a reserve to draw upon in case toll revenues fell short.

As a bonus, the financing under the new structure would extend for only 40 years, in contrast to the 90-year length of the concession agreement under the original financing plan. Moreover, the state would maintain control over toll charges – a particularly sensitive issue in the financing of the Midtown-Downtown Tunnel and the use of Dulles Toll Road revenues to pay for the Rail-to-Dulles heavy rail project.

The McDonnell administration is determined to push the U.S. 460 project forward despite the fact that Hampton Roads business and civic leaders assign a higher priority to other projects. Transportation Secretary Sean Connaughton justifies the Connector as a much cheaper alternative to widening Interstate 64. Also, the project will help Virginia ports capture a bigger share of container shipping growth when the Panama Canal expansion opens in 2014, provide an alternate hurricane evacuation route and stimulate manufacturing and warehouse investment in the southeastern quadrant of the state.

Three business alliances submitted proposals for the U.S. 460 Connector. All three stressed the problem created by low traffic volumes in the early years of the project. Even though traffic and toll revenues are expected to increase as the Port of Virginia continues to grow its container business, the project will require massive state support. Cintra Infrastructuras S.A. said the state would need to contribute $783 million, while Multimodal Solutions put the figure at $500 million plus unspecified operating subsidies to get the project through the low-traffic phase. (The 460 Partners proposal called for a modest up-front state contribution but would tap state tax revenues created by economic growth attributed to the project.)

The new financing structure may be cheaper, but the state still will bear significant risk. Under the design-build part of the agreement, the winning bidder will take on the risk associated with completing the construction work on budget and on time. The state and private-sector partner will share the risk that Right of Way acquisition costs might exceed estimates. But the biggest risk to the taxpayer is that toll revenues will fall short. In a P3 deal, the concessionaire’s equity investment would take the first hit. But if this project is all debt, bond payments will be bigger and there will be no buffer between toll shortfalls and the taxpayer’s pocketbook.

At risk is the $80 million reserve funded by the state infrastructure bank, over and above the $750 million contributed by VPA and the state. On the other hand, if the project costs less and toll revenues exceed the forecast, the state may need less than $750 million and never tap the reserve.

How much will traffic have to grow to make the numbers work? Holcombe highway traffic should run around 8,000 vehicles per day when the project opens in 2018, and is projected to increase to 13,000 to 15,000 per day by 2028 as port traffic increases.

In an interview earlier today, I asked Holcombe if he had considered a scenario of delaying the project until the projected traffic volumes were closer to materializing, thus reducing the risk. His response:

“This is the governor’s number one priority. He has asked us to find ways to move this project forward. We believe that if we build this road now, there will be [industrial] growth along the corridor. … We haven’t contemplated deferring this because we think this is a good project now. We think the structure we put together will cross [the financial] hurdles and get us 55 miles of four-lane roads and get ready for the expansion of the ports.”

McDonnell Still Plugging Port Development Subsidies

Governor Bob McDonnell is campaigning hard for an amendment to the 2013-2014 budget that would provide grants to companies locating in the Port of Virginia Economic and Infrastructure Development Zone. A press release from the Governor’s Office lists more than 30 local governments, Chambers of Commerce and other groups, from the Virginia Manufacturers Association to the International Longshoreman’s Association, that support the measure.

The General Assembly had rejected an earlier proposal that offered tax credits on the grounds that tax credits are harder to track than grants. Grants would range between $1,000 per new job for companies that create 25 or more new jobs to $3,000 per job for companies that create 100 or more jobs. Companies involved in distribution, manufacturing, warehousing, wholesaling and the maritime sector would qualify. Total grants would not exceed $5 million in any year.

McDonnell offered this rationale: “Businesses, local governments, and citizens all across the Commonwealth recognize the tremendous importance of the Port of Virginia and its role in spurring economic development and job creation. As we look forward over the rest of this decade, this impact is project to grow tremendously. To realize this growth potential, however, we have to level the playing field with our competitors and incentive the distribution, manufacturing, multi-modal, warehousing and other types of facilities necessary to support a major international port to come to Virginia. Without these types of incentives, the economic development and job creation opportunities surrounding our port will go elsewhere and our competitors will continue to grow.”

Focus on the words “support a major international port to come to Virginia.”

What is this? Is an international corporation considering building a new port in Virginia? If so, who is this entity? Where would they build? Is this entity playing Virginia off against other states? Can we get a clearer explanation of why subsidies are needed over and above the Governor’s Opportunity Fund? Can we have a little more transparency, please?

Update: The General Assembly approved this amendment to the budget May 14.

— JAB

Virginia Ports Need More than Rail to Handle Cargo Growth

MSC Roma

by James A. Bacon

In Mid-March the MSC Roma paid a stop at the Port of Virginia. Setting a record for a container ship in Virginia waters, the vessel drew 48 1/2 feet when it departed with export-bound containers. Virginia was the only port on the East Coast with channels deep enough to handle the vessel loaded that heavily.

There are a lot more vessels the size of Roma, says Joe Harris, media relations manager for the ports. “They’re all over the water — they’re just not coming to the East Coast yet.” But they will, he says, and Virginia will see them even before the Panama Canal opens its third, wider canal lock in 2014.

The Virginia Port Authority, railroads, shipping companies, logistics companies and even the state of Virginia are preparing for the boom in East Coast container traffic that will flow from the shift in the shipping industry to ever bigger vessels. The question logically arises, will the Hampton Roads transportation network be able to handle the surge, or will roads and railroads become a bottleneck that constrains growth?

Here at the Bacon’s Rebellion command bunker, we have been investigating the impact of the big-ship revolution on Virginia’s economy from a public policy perspective. How can Virginia business and government maximize the benefits of the big ships? And what public investments make sense? In particular, does the commitment of $500 million in public funds to the U.S. 460 Connector, which would provide a second Interstate-quality highway link between the ports and Interstates 95 and 85, make economic sense?

A spirited debate has taken place in previous blog posts, and Rebellion contributor Peter Galuszka posed a very good question in “Closely Watched Trains.” Norfolk Southern and CSX are investing hundreds of millions of dollars upgrading their rail systems to handle double-stacked trains out of Hampton Roads, he noted. Doesn’t that make the $1.8 billion road project unnecessary?

In answer to that question, here’s what I found: Railroads are most competitive for cargo being shipped 500 miles or more. Norfolk Southern and CSX totally dominate the movement of goods to the Midwest and other points far to the west. But trucks are more competitive for shorter hauls. While the railroads can accommodate some of the growth in container shipments, they cannot handle it all.

The ports move 1.1 million containers yearly. Rail moves about 30% of that traffic, barges 4% and trucks the balance, or about two-thirds. Harris is optimistic that railroads will grab a rising share of a growing market. Norfolk Southern and its public-sector partners have invested $320 million upgrading its Heartland Corridor route to handle double-stacked trains, effectively doubling its capacity to serve Midwest markets from Norfolk. As part of the National Gateway Freight Project, CSX Corp. is spending $165 million on a single improvement, the Virginia Avenue Tunnel in Washington, D.C., to create a double-stacking corridor to Ohio.

Harris is reluctant to forecast container traffic through the Virginia ports because the volume is so dependent upon general economic conditions over which the port has no control. Will the American public start consuming again, he asks. Will retailers continue to boost imports from the Far East? Early in the past decade, the ports showed growth rates of 8% to 9% annually. After taking a big hit during the 2007-2008 recession, the ports now are forecasting a more modest 3% yearly volume growth. That may be conservative. Ship lines and shipping alliances are testing Virginia to see how well the ports handle their big vessels.

Long-term, Harris expects the railroads to increase their inter-modal share to 40% of container traffic, an increase of 10 percentage points. That’s all the more remarkable when you consider that the Virginia ports already move a higher percentage of its containers by rail than any other East Coast port. Rail accounts for only 18% in New York and Savannah.

A rule of thumb is that rail captures the container business to markets more than 500 miles away, while the economics favor trucks for shorter distances, says Quintin Kendall, regional vice president for CSX. That means trucks will predominate in shipments to Mid-Atlantic markets, competing with Baltimore and Philadelphia in the north and Wilmington and Charleston to the south. That business will be highly competitive. As Kendall puts it, Virginia is a “discretionary market” port.

What does this all mean for our analysis of Virginia’s $500 million commitment to the U.S. 460 Connector?

  • Railroads are poised to capture a growing share of the inter-model market for Virginia’s ports, from 30% currently to 40% in the indefinite future.
  • Railroads are less competitive serving markets less than 500 miles away, where truck traffic will predominate.
  • If container traffic increases 3% annually over the next decade, railroads will be able to handle only that portion destined for distant markets. (Barges are a negligible factor.)
  • Truck traffic will increase. The rate of increase may depend upon the degree of congestion on Virginia bridges, tunnels and highways and the ability of competing ports to improve their infrastructure.

Thus, to answer Peter’s query, yes, railroads can handle some of the increase in container shipments over the next decade but only a fraction of it. For Virginia to reach its full economic potential, the commonwealth needs to increase its highway capacity serving Hampton Roads. Failing to increase that capacity could mean foregoing some economic growth, though how much is hard to say.

That still leaves open the question of whether the U.S. 460 Connector is economically justified: $1.8 billion, including $500 million in public dollars, is an immense sum. That money could be invested elsewhere or left in the hands of taxpayers. Alternative investments would have economic benefits of their own. Perhaps the most objective way to address this issue is this: Does the U.S. 460 Connector create enough economic value to support the toll structure required to finance its construction? If so, state government should find a way to make it happen. If not, perhaps the economic justification does not exist.

We’ll dig deeper in a follow-up article.