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PRIVATIZATION & FOREIGN
LEASES/OWNERSHIP
PPP’s ~ Highway Privatization/Public-Private
Partnerships
Texas legislators in 2003 passed HB 3588,
and voters approved two constitutional amendments enabling
all of its provisions to go into force. Texas now requires
all limited-access highway projects to be reviewed for toll
feasibility, and if toll financing cannot cover their full
costs, the law permits a mix of state and private capital.
Toll projects can be carried out directly by toll agencies
or via PPPs. [Annual Privatization Report 2004, edited
by Geoffrey F. Segal, a project of Reason Foundation, the
world leader in privatization.] http://www.reason.org/apr2004/anpr2004.pdf.
Cintra-Zachry, a Spanish-American joint venture, was
chosen in late 2004 by TxDOT to develop the
Oklahoma-to-Mexico [Gainesville to Laredo] section of the
Trans-Texas Corridor System under a Comprehensive
Development Agreement.
It has already committed $6 billion to the construction of
TTC-35. Cintra-Zachry has also been granted a design-build
contract to develop a freight rail line that will
share the same right-of-way. Cintra-Zachry would own the
rail system and charge usage fees to any freight line
that used its rails. The project will add another $5 billion
to C-Z’s commitment. Construction is expected to begin in
2 to 3 years. [May 1, 2006 from Texas Contractor at Reed/ACP
Construction Data] www.acppubs.com/article/CA6328607.html
The March 11, 2005 Comprehensive Development Agreement
with Cintra Concesiones de Infraestructuras de Transporte
SA (Madrid, Spain) is 342 pages. Attorney General Greg
Abbott rendered an opinion in June, 2005 that states the
documents are public record, after the Houston Chronicle
and other newspapers around Texas were refused when they
asked to see the deal. Cintra/Zachry and TxDOT filed a
lawsuit against the AG in July, 2005 to keep the secret a
secret. [From Lana Robinson of the Texas Farm Bureau, and
TexasTollParty.com.]
"If you aggressively invite the private sector to be
your partner, you can’t tell them where to build the
road." ~ Texas Transportation Commissioner Ric
Williamson. Cintra-Zachry
is to pay the state a $1.2 billion concession fee for the
right to collect tolls for 50 years. The Dallas
portion could be built by 2015. Responding to about 100
North Texas elected officials and business leaders, the
Commission refused to pressure Cintra-Zachry to build the
TTC-35 closer to Dallas-Fort Worth. But C-Z says the most
profitable path for a toll road would steer clear of the
Metroplex. [Excerpts from May 25, 2006 Ft. Worth
Star-Telegram article by Gordon Dickson]
Texas Senate Transportation & Homeland Security
Committee member Senator Florence Shapiro (Plano) asked
"How long are the leases?" The answer was "60
to 70 years." [Public hearing on June 13, 2006 in
Fort Worth, testimony relating to Comprehensive Development
Agreements and the TTC.]
Privatization poses a tantalizing yet philosophical
proposition for increasingly cash-strapped state and local
governments. They're promised huge financial windfalls
upfront, along with a reduction in administrative burden
over several decades. In return, a private firm assumes
operation of the asset, be it a tollway, airport or parking
garage. The private operator, in general, wins immediate
and steady subsequent authority to increase tolls or other
user fees. And government distances itself from consumer
anger over higher costs. [by Pat Guinane, Illinois
Issues, June 2006] http://illinoisissues.uis.edu/features/2006june/public.html
INDIANA & ILLINOIS
Last week, former Bush Budget Director Mitch Daniels, now
Governor of Indiana, returned to Washington DC to tout the
virtues of his 75-year lease of the Indiana Toll Road
to foreign consortiums. Congress Transportation Committee
member, Rep. Peter DeFazio asked some tough questions of
Indiana's Governor regarding the wisdom of Daniels' moves to
privatize and toll more and more roads of the USA to foreign
consortiums. [May 30, 2006 by John L. Smith, Director of
COUNT US! http://www.i69tour.org] |
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The Indiana Toll Road is
part of the Canada-to-Mexico
I-69 NAFTA Corridor,
which incorporates portions of the Trans-Texas Corridor
System. The major Texas section will run from Texarkana
through East Texas to Houston and Laredo. In Indiana, a "new
terrain" route surprised Hoosiers by cutting a new
path through prime Indiana farmland, including historic
Amish farms. It includes 3,000 acres more farmland paved
under, 1,200 acres of forest lost, and 200 family farms
destroyed in a prime food-producing area. It will dissect
the Patoka River National Wildlife Refuge and Indiana’s
second largest Amish community, costing more than $1 billion
more than the original U.S. 41 upgrade route. Hoosiers have
been fighting I-69 problems since the 1990s. [See www.majormoves.org
and www.i69tour.org] |
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The same Spanish-Australian
partnership that won the 99-year [Chicago] Skyway lease
in late 2004 was selected this spring to manage, maintain
and upgrade the Indiana Toll Road until 2081. Cintra
Concesiones de Infraestructuras de Transporte, S.A. of
Madrid owns and operates airports, parking lots and
tollways across the globe. Macquarie Infrastructure Group
of Sidney, an investor-owned firm, ranks as one of the
world's largest private owner-operators of tollways.
Together, the companies manage 30 tollways on five
continents.The contracts — Indiana's spans some 400 pages
— allow for predetermined toll hikes. Cintra-Macquarie
immediately imposed a 50-cent hike that raised the lone
Chicago Skyway toll to $2.50. The company can double the
fare to $5 by 2017 and make annual inflation-based
adjustments until the lease ends in 2104.
Indiana had not hiked fares on its only toll road in two
decades, and the Cintra-Macquarie contract nearly
doubles passenger car rates, which state officials
contend would have happened even without privatization. The
cost of a trip from Illinois to Ohio — now $4.65 — will
increase to $8 by July. Most commercial trucks, meanwhile,
will see the current rate of $14.55 hit $32 by 2010. After
that, Cintra-Macquarie can hike truck and passenger tolls
the greater of 2 percent or the annual increase in either
the Consumer Price Index or the nominal Gross Domestic
Product per capita, which has topped 5 percent the last two
years. In return, Cintra-Macquarie has promised $4.4 billion
in road repairs and upgrades over 75 years. [by Pat Guinane,
Illinois Issues, June 2006] http://illinoisissues.uis.edu/features/2006june/public.html
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