Cranston bridge closing colors debate on tolling truckers


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Image courtesy of RIDOT: https://www.flickr.com/photos/ridotnews/18199514700/in/album-72157653834220916/
Image courtesy of RIDOT: https://www.flickr.com/photos/ridotnews/18199514700/in/album-72157653834220916/

In an ironic twist of fate, the Rhode Island Department of Transportation closed the Park Avenue Bridge in Cranston the same day that the Senate Finance Committee and the Senate itself voted to uphold Governor Gina Raimondo’s ambitious Rhode Works legislation.

The $1.1 billion bill would be used to repair bridges and roads throughout Rhode Island, which have been ranked last in the country. Part of that money would come from a $500 million bond from the state to begin repairs on 17 proposed locations for tolls. RIDOT Director Peter Alviti has said in a House Finance Committee meeting earlier this week that the bond allows the department to use their own finances to begin repairing and reconstructing the rest of the bridges in the state.

The tolls, which would only charge tractor-trailer trucks, would reportedly make $60 million a year in revenue, which would also be used explicitly to repair roads. Opponents from the trucking industry and business community have railed against the tolls, saying that they will drive away business. Supporters have continually cited safety as their number one priority.

Safety was a particular issue today, as RIDOT closed the Park Avenue Bridge, even after being inspected in May, and several months prior to that.

“It is my professional opinion that this bridge is in imminent danger of collapse, and I am ordering its immediate closure,” Alviti wrote to the governor this morning, after it was found that the timber planks helping to hold the bridge up were “severely deteriorated and stressed from the weight of automobile traffic.”

Carlos Machado, the Division administrator for the Federal Highway Administration, concurred with RIDOT’s decision. House Speaker Nicholas Mattiello, however, called for an investigation of RIDOT and their decision to close the bridge, which is near Mattiello’s law office. He brought up questions regarding exactly who has been inspecting the bridges, and whether or not RIDOT has been doing their job effectively.

Speaker Mattiello has also not yet made a firm decision concerning the Rhode Works bill. While he has gone on record saying that he supports the bill as a whole, there are still portions of it that remain objectionable. Now that the Senate has voted to uphold the legislation in a 33-4 vote, the bill will move to the House, bringing Mattiello into center stage on the issue.

Even as the legislation moves forward, there are still those who continue to oppose Rhode Works with the hope that it will not go through this session. The National Federation of Independent Business expressed their opposition in a press release, calling on the General Assembly to “slow down” their toll proposal.

“Certainly Rhode Island’s roads and bridges are in need of repairs, however, thanks to the glaring lack of specifics regarding this toll plan, small businesses are left with concerns over the details,” NFIB Rhode Island State Director Bill Vernon said. “Until some of these questions are answered, it will be difficult for the small business community to have confidence that tolls are the right policy choice for Rhode Island’s economic future.”

The Rhode Island Republican Party has also gone on record saying that the governor’s plan lacks transparency, and is fiscally irresponsible.

“There are still many unanswered questions as to how this toll plan will impact Rhode Islanders, including the simplest of questions such as how much it will be or on what bridges it will be assessed.  It is ridiculous to think politicians on Smith Hill would adopt a plan that calls for new tolls statewide and millions in debt with so little information,” state GOP Chairman Brandon Bell said.

These worries did not affect the Senate vote, though. After a unanimous vote in Senate Finance, discussion on did not take very long, as most lawmakers agreed that safety was their number one priority. Rhode Works was upheld in a 33-4 vote.

“I would hate if a member of any of our constituencies was a fatality or a casualty due to the atrocious conditions of our roads,” Senator Christopher Ottiano (R- District 11) said when showing his support for the bill.

After the vote, Senator Louis DiPalma, the first Vice Chairman on the Senate Finance Committee, gave details from his own personal experience about why the Rhode Works bill should pass.

“I’m originally from Connecticut, I’ve been here for about 30 years, and back in the 70’s, I believe it was, there was the Mianus River Bridge Collapse. We’re talking I-95, tractor-trailers, cars, over the edge. Many people died,” he said. DiPalma remembers that event and uses it to promote a preventative, rather than a reactionary, approach to the bill.

“I never do it from the perspective of ‘that could be us,’ I don’t look at it and say that’s going to happen here. I look at it from the perspective of ‘what can we do to act now so that never happens here,” he said. “It’s a safety issue. It’s an issue of money- we’ve gotten to this point because of lack of maintenance over decades. We didn’t get here overnight.”

DiPalma brings a second layer of fresh perspective to the bill’s consideration as an engineer.

“I try to look at things from a facts and data perspective. What’s given, what do I know, what are the facts, what can I infer, and how do I build from there,” he said. “I was confident with the facts and data that I read, with the presentations that were given, and how this proposal came together.”

The only remaining roadblock for the governor’s bill is the House, and Speaker Mattiello. Whether or not it can make it through before summer recess is the question on everyone’s mind, and a special fall session for the proposal becomes more and more likely as each day passes.

RIDOT continues Rhode Works defense in House Finance


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The House Finance Committee took lengthy testimony from the Rhode Island Department of Transportation on Monday afternoon as the agency defended its Rhode Works program with renewed vigor. Representatives from RIDOT spoke for three hours, echoing many of sentiments they have previously made about the initiative, before answering many questions from representatives who remain unclear about what the state needs to give up to achieve what Rhode Works promises.

One of the biggest concerns for the committee was the success of the program, and whether or not RIDOT will actually be able to pay back the $500 million bond they are asking from the state, as well as make good use of the total $1.4 billion to fund the program. Representative Patricia Morgan (R- District 26) has been Rhode Works’ most vocal opponent, wondering why RIDOT cannot repair bridges with its existing funding.

Peter Alviti, RIDOT director, testifying in favor of Rhode Works
Peter Alviti, RIDOT director, testifying in favor of Rhode Works. (Photo by Elisha Aldrich)

Peter Alviti, the director of RIDOT, said the existing funding they have is not enough to sufficiently repair or reconstruct the 155 bridges that are structurally deficient.

The $500 million bond would pay the expenses for the 17 possible toll locations, leaving that money open for other locations.

“The rest of the money would then have adequate funds to not only reconstruct, but to operate and maintain the facilities,” he said.

Jonathan Wormer, director of the Office of Management and Budget, added that the borrowed money for the initiative would be used to keep bridges from becoming structurally deficient, because they would have the money up front to do so. The goal of the bond is to compress the time in which the bridges can be reconstructed.

“If you don’t fix them at the beginning, it costs them a lot more later,” Wormer said.

The revised version of the bill also contains $13.5 million worth in tax breaks and property rebates for truckers, as well as per day toll caps, which have raised questions about its legality. Some have expressed fear that the tax breaks would discourage interstate commerce, and violate the commerce clause in the United States Constitution. But, RIDOT has asserted that the breaks and tolls are legal.

After nearly three hours of questioning, the Rhode Island Trucking Association, which has opposed the bill from the beginning, brought in American Trucking Association Vice President Bob Pitcher to speak on their behalf.

“We object to the bill before you because of the means it would use to raise the money,” he said. “We believe the proposal would weaken Rhode Island’s economy unnecessarily.”

The biggest objection by Rhode Works opponents is that legislators are rushing into signing it in the last days of session, and possibly overlooking any flaws it might have.

“I’ve never seen anything so vague in a tax law. Tax laws normally say who pays what, and this one does not,” Pitcher continued, adding that Rhode Works is an unprecedented piece of legislation. “No other state has sought to toll multiple state highways or bridges. Because there is literally no experience in such tolling elsewhere, Rhode Island should be doubly cautious.”

In their calculations, RIDOT estimated a 25 percent diversion rate, or that 25 percent of truckers would avoid going through Rhode Island if they were to implement the tolls. Both Alviti and Wormer expressed that this number was very conservative, especially because the plan minimizes the chance for diversions. They also added that only about two percent of trucking companies’ budgets are spent on tolls. Pitcher believes that they have underestimated their diversion rate, in part because tolls don’t exist in large parts of the country.

Many other opponents came forward to testify against the bill, reiterating the worry that the bill has been moving through the State House too fast. In a press release, the Rhode Island Trucking Association called upon Governor Gina Raimondo to create a committee to investigate the bill, rather than push it through at the last minute.

“This process is moving entirely too fast and there have been no discussions or analysis on the fiscal impact of the proposed toll plan to the trucking industry or the business community,” said RITA President Christopher Maxwell.

Other groups have shown support for Rhode Works, including AAA Northeast, The Sierra Club, Grow Smart RI, and Building America’s Future, a national, bipartisan group of elected officials dedicated to infrastructure improvement.

No vote was taken on Monday, but a vote on a version of the bill expected in Senate Finance on Tuesday.

Tax breaks for truckers in new Senate toll bill

The Senate Lounge was standing room only before and during the hearing.
The Senate Lounge was standing room only before and during the hearing.

A Senate version of Governor Raimondo’s truck toll proposal, also known as Rhode Works, contains tax breaks for truckers.

The new version of the bill, sponsored by Sen. Dominick Ruggerio (D- District 4), and heard by the Finance Committee Thursday, includes $13.5 million in tax credits and rebates for truckers. They would receive tax credits on their registration fees, rebates on their gas and property taxes, as well as $3 million in grants for those who frequent TF Green Airport and Quonset Business Park.

RIDOT has also slightly reworked their funding formula for the proposal, asking for $500 million in revenue bonds, rather than $700 million. According to Director Peter Alviti, the difference would be bridged by refinancing some of the debt the Department already owes the state, which would give them another $120 million. Without that $80 million to complete the funding, Alviti said the Rhode Works program would be extended over a longer period of time, 30 years, to achieve the same goal. With this new schedule, RIDOT’s interest would increase, and they would eventually pay back $1 billion to the state. According to RIDOT, the total funding for the project would be over $4 billion.

The proposal is based on a serious need to repair Rhode Island’s bridge and road infrastructure, which is ranked 50th in the United States. During the hearing, Alviti stressed safety as one of the main reasons for Rhode Works’ existence.

“This is becoming a more frequent problem, and it will become more frequent in the days and weeks coming unless we do something now,” he said.

The program would also create 11,000 job years in the construction industry. RIDOT also anticipates $60 million each year in revenue from the proposed tolls, $38 million of which would be put towards fees owed to the state. Any other revenue from tolls would directly go towards the repair of bridges and roads. RIDOT plans to reconstruct 155 bridges using this money, as well as upkeep others that are currently in fair condition. The tolls would only charge tractor-trailers, costing them $.69 per mile in Rhode Island, while most other states in the northeast are $1 or more per mile.

“It’s understandable that there’s a certain amount of resistance to the changes we’re proposing. But it’s a fair cost,” Alviti said.

Jonathan Wormer, the director of the Office of Management and Budget, also gave testimony in support of Rhode Works, and explained how much these tolls will end up costing the trucking companies. There are 123 trucks that drive explicitly in Rhode Island all day, whose tolls would be capped at $60 for the whole day, costing the company just under $1.8 million. The 3,111 interstate trucks that come through the state would be capped at $30 per day, and cost $14.9 million. Such toll costs are only about two percent of what companies spend per year. Fuel is considerably more, at 39 percent.

These fees would be collected via EZ Pass, which many truckers that pass through the state already have. If they do not, RIDOT would also implement camera technology that would charge the owner of the license plate. Alviti stared during the hearing that they would not build any tollbooths that would hold up traffic. There are 17 possible locations that the department is looking to install these gantries.

Although most of this information has been revised from the previous bill, Christopher Maxwell, the President of the Rhode Island Trucking Association, said it’s still not ready to become law. “The debate and dialogue should continue, it should not end now. It should begin now that we have all the information,” he told Senate Finance members.

Maxwell believes that directly tolling tractor-trailers will violate the commerce clause in the United States Constitution, and discourage interstate commerce. He stated that no other state is exclusively tolling trucks.

“This does clearly put interstate commerce, and these carriers that you’re not giving breaks to, at a disadvantage,” he said. So much of a disadvantage, that Maxwell added that his association could provide legal proof that such a toll would violate the commerce clause.

“We want to be part of the solution, we are not part of this bill,” he added, citing that the association does have ideas on what RIDOT should do, but did not offer an explanation of what those ideas are at the hearing.

Local truckers came to speak out against the bill as well. Frank Nardone, one truck driver, explained that he avoids tolls in almost all of his routes, and Rhode Island would be no different.

“I don’t like to pay tolls, I don’t think they’re necessary,” Nardone said. According to Nardone, tolls are not the way to make money, especially because Rhode Island truckers already have to pay $388 for the road use tax.

“I think I’m being taxed enough,” he said.

Ed Alfredi owns a trucking company based in Smithfield, and in his testimony, said that Rhode Works makes it impossible to figure out exactly how much the tolls would cost his business.

“If I was to try and sit down, and see what this was going to cost me and my company, it’s very difficult, because there’s no facts,” he said. “It’s going to have an effect, and we should be able to have an exact figure of what these tolls are, where exactly they’re going to be.”

Time is of the essence for the governor’s proposal. While those opposed want more, those in support keep pressing forward, wanting to pass the legislation as quickly as possible. If their efforts fail, Speaker of the House Nicholas Mattiello has hinted at a special fall session in order to fully consider the bill.

Budget bill passes House floor with almost no debate


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Photo of the final House vote on the FY16 budget
Photo of the final House vote on the FY16 budget

In what everyone thought would be a firestorm of debate, the RI House of Representatives unanimously passed the $8.7 billion FY 2016 budget with little to no discussion about many of the articles, including the much contested Medicaid cuts and pension settlement, as well as Governor Raimondo’s so called “job tools.” According to a House spokesperson, this is the fastest that the budget has gone through in nearly three decades.

The only budget articles that were seriously debated on the floor were numbers 11, which concerned taxes and revenues; and 18, which provided the funding to HealthSource RI, Rhode Island’s Affordable Care Act state exchange. There were two article introductions during the debate, one concerning the funding for the Rhode Island Public Transit Authority (RIPTA), and one simply to renumber the articles in the bill after its introduction. Representative Patricia Morgan (R-District 26), was going to introduce an article to fund bridge repairs, but recognized that she did not have the support to pass it.

Although discussion was sparse on the floor, Rep. Morgan was one of the few members who continually sparked debate, particularly over article 11, which had the longest discussion out of all of the sections voted upon. Amendments had already been proposed to the article, but had been struck down. Morgan proposed two amendments herself, the first of which would promote lean government standards for the state, and according to her, dramatically decrease costs for running state government.

“Many states at this point, have already started lean government initiatives, and it has given them a lot of fruit,” she said. “There are incredible efficiencies that have resulted from lean government.

Morgan planned to pay for the new service by taking $500,000 from the Newport Grand Casino and putting it towards creating a lean government initiative, which Governor Raimondo has already stated she supports. Her reasoning? That the casino was not in dire need of the funds.

“Last year, the new owner proposed $40 million for remodeling,” Morgan said. “If he has $40 million for that, I guess he can give up $500,000.”

The amendment saw staunch opposition, especially because, according to several representatives, 60 percent of the casino’s money goes directly back into the state.

“Just because Newport Grand may be part of corporate America, we are here to help businesses thrive in our economy,” Representative Dennis Canario (D-District 71) said.

“To take $500,000 out of Newport Grand would jeopardize the integrity of that business,” House Majority Leader John DeSimone (D-District 5), argued.

Although Morgan’s first amendment failed 71-4, she brought up another amendment immediately after that tried to use the same funds from Newport Grand to pay for a 38 Studios investigation.

“The people of this state deserve to know how it happened, why it happened, who did it, and try to keep it from ever happening again,” Morgan said.

Her second amendment did not even get the chance to go up for debate, as it was ruled not germane to the discussion. The ruling was met with cheers from other representatives.

Article 18 funded HealthSource RI, which has been hotly contested over the past few days due to restrictive abortion coverage language. However, Finance Committee Chairman Representative Raymond Gallison (D- District 69) introduced an amendment that would curb such restrictions, and allow access for those who require abortions even if their insurance plan has cited religious exemptions from covering them.

Surprisingly, the amendment passed with no discussion, but the article itself saw debate due to King V. Burwell, the current Supreme Court case determining whether or not states should receive tax subsidies from having their own healthcare exchanges. While some representatives thought that keeping the exchange would make Rhode Island less business friendly, it was upheld in the vote.

What is more striking than what was debated, though, is what was not. Cornerstone legislation in the bill went by without so much as a peep from representatives. Medicaid cuts, the pension settlement, Raimondo’s jobs initiative, professional licensing, all day kindergarten, school construction, and even appropriations of funds from FY 15 are just some of the examples of what saw next to no discussion. Even Gallison’s surprise article that raised RIPTA fares for the elderly and low income to $1, up from no cost at all, saw little debate.

After only three short hours, the budget was unanimously passed, with daylight still shining down on the State House.

“The House of Representatives is very committed to working together on behalf of the citizens of the state of Rhode Island,” Speaker Mattiello said of the speedy voting process. “That the House has worked very collaboratively with the Governor and the Senate President, and that there’s a focus on jobs and the economy. When we put out a pro-jobs budget, pro-economy budget, the members rallied around it and responded appropriately.”

Mattiello also did not rule out the option of a special fall session to handle Governor Raimondo’s proposed toll tax. It is actually very likely, he said.

As for Rep. Morgan, she believes that she was one of the only members of the House who actively stood up for what they believe in on the floor tonight.

“I’ll fight for the people of Rhode Island all day long. I’ll fight for better government in our state,” she said after the meeting. “But, I can’t do it alone. The people need to send me more support.”

“I don’t know why they didn’t speak up,” Morgan added. “There were things that should have been said. There was debate that should have gone on. There are things that are objectionable. I have no idea why people didn’t stand up and fight for the things that they believe in.”

But, even without the support for her amendments, Morgan still voted in favor of the budget because it was, for the most part, in line with her beliefs.

“I voted for the budget because there were a lot of really good Republican proposals in it, that I think will help Rhode Island, and I didn’t want to see them not get support.”

The bill will go to the Senate floor for hearing on Wednesday, where if approved, will become the official FY 16 budget for Rhode Island.