Congress Passes Two-Year $105 Billion Federal Highway Bill

MAP-21 increases TIFIA loan program from $100 million to $1 billion per year and broadens tolling authority nationwide – not exactly taxpayer friendly 

By Terri Hall l July 2, 2012

House Transportation Committee Chairman John Mica (R-FL) with Senators Barbara Boxer(D-CA) and Jim Inhofe (R-OK)/AP

Up against another short-term highway bill extension deadline, on Friday, June 29, Congress passed a two-year $105 billion highway bill called MAP-21, which stands for Moving Ahead for Progress in the 21st Century. Except that Congress’ view of ‘progress’ usually means good news for the special interests, and bad news for the American taxpayers –  Congress didn’t disappoint. The bill removed the Bingaman Amendment that would have added protection for taxpayers by removing a financial incentive for states to sell-off their highways to private entities in public-private partnerships that charge Americans 75 cents or more per mile to access our public roads. It also removed the approval of the Keystone XL Pipeline from the bill.

Just in time for their Fourth of July recess, the Senate voted 74 to 19, while the House voted 373 to 52 in favor of passage. Yet, not a single Democrat opposed the conference report to HR 4348 in final passage.

MAP-21 increases the Transportation Infrastructure Finance and Innovation Act (TIFIA) direct loan and loan guarantee program from $100 million/year to $1 billion/year. TIFIA loans go almost exclusively to toll roads and often to foreign companies. So it’s a form of taxpayer subsidy to toll projects that cannot pay for themselves by way of the toll users alone – in other words, it’s a way to build ill-conceived toll projects that aren’t toll-viable by putting taxpayers on the hook for the losses. It also means the private sector gets a lower interest rate so it lowers the financing costs to the private toll entities and further encourages both construction for the sake of construction and expanded road tolling.

Additionally, MAP-21 continues the Private Activity Bond (PAB) program that are bonds provided by the federal government exclusively for private toll interests to get favorable depreciation rates on their taxes for the financing of toll projects. Instead of putting the private entity’s own money at risk, it puts taxpayers on the hook for the losses on these toll projects.

The federal government is a more patient lender than the private sector, so by utilizing TIFIA and PAB mechanisms, the private sector gets paid back before the taxpayers. Let’s not forget that the first TIFIA loan went to a private consortium for the South Bay Expressway toll road in San Diego, and it went bankrupt in less than three years. The taxpayers lost nearly $80 million on the deal and yet your federal government just expanded this program to $1 billion a year!

It’ll encourage states to toll everything that moves to get access to this new slush fund. So expect your cost of travel to skyrocket. There can be no doubt that MAP-21 is a war on cars and a war on the middle class.

Silver lining, with loopholes, of course

One silver lining is that Congress chose not to continue funding the red light camera program. So if red light cameras go up, it’ll be with state or local funding, not federal. The other silver lining in MAP-21 is Senator Kay Bailey Hutchison’s Freedom from Tolls Amendment taking effect for the entire country, not just Texas. Hutchison has advanced a provision to protect Texas taxpayers from having existing free lanes on our highways from being converted into toll lanes since 2007. There are caveats to it that are not taxpayer friendly: public authorities can still add new toll lanes to existing freeways, often called ‘managed lanes,’ and they can convert HOV lanes into toll lanes at any time (so watch for HOV lanes to pop-up all over so they can later convert them to toll-tax lanes).

The MAP-21 language, however, that was not under her control, seems as if it was specifically written so the Texas Department of Transportation (TxDOT) could still convert existing lanes on US Highway 281 in San Antonio into toll lanes (as was the state ban written in 2005). It excludes ‘auxiliary lanes’ in the number of lanes that cannot be converted into toll lanes. So, for instance, on US 281,  TxDOT calls the third main lane in each direction ‘auxiliary lanes’ not main lanes, so they can proceed with converting an existing free lane already paid for and open to traffic into a toll lane and not break this federal law.

Though Hutchison’s Amendment in the Appropriations bill for Texas is stricter and would not allow such a conversion, the U.S. Highway 281 environmental clearance has been so delayed by the Alamo Regional Mobility Authority (a full year behind Loop 1604 even though 1604 studies 36 miles and 281 only 7.8 miles) that it will not be in effect when 281 receives environmental clearance in 2014. That’s by design, of course. They’ve been waiting out Hutchison because their intention all along has been to convert existing free lanes on 281 into a tollway.

So, the stakes have been raised on who becomes the next U.S. Senator in Texas to replace Hutchison –David Dewhurst would mean opening the way to certain toll-taxes and freeway-to-tollway conversion floodgates, while Lone Star State taxpayers have at least a fighting chance with Ted Cruz.

Terri Hall is the founder of Texans Uniting for Reform and Freedom (TURF), which defends against eminent domain abuse and promotes non-toll transportation solutions. She’s a home school mother of eight turned citizen activist. Ms. Hall is also a contributor to

SFPPR News & Analysis.