Thread: TX: CorridorWatch--Moratorium Monday?

MORATORIUM BY MONDAY?


Following A Senate Vote of 30-0 Friday,

The House Votes Saturday To Pass SB792 By 127-19


CorridorWatch co-founders David and Linda Stall were in the gallery watching as the House voted 127 ayes to 19 nays in favor of passing SB792 as reported from the Conference Committee. The entire process took 15 minutes. With a very short period of time the bill was officially signed in the House and Senate. Next stop, the Governor's desk and very soon too.



Before the vote was taken several Representatives came to the back microphone and asked questions of bill sponsor Representative Wayne Smith. Those questions were designed to get the full legislative intent of SB792 on the record. Those asking clarifying questions (in order) were Reps. Leibowitz, Kolkhorst, Macias, Bolton, and Noriega.


Rep. Liebowitz wanted clarification that despite Loop 1604 having been taken out from under the moratorium that it was still a joint project with SH281 and as they could not move forward. Smith agreed.
Rep. Kolkhorst wanted agreement that Smith understood as she did that Kenneth Armbrister and Kris Heckmann of the Governor's office represented that excluding the term 'facility agreement' did not mean the moratorium did not apply to TTC-35 components and that no construction agreement for any segment of TTC-35 (excluding Loop 9) would be entered into during the two years. Smith agreed that was the understanding.
Rep. Macias asked for agreement that provisions of SB792 only required market valuation to be used for two specific projects and that otherwise market valuation could not be used without local agreement. Smith agreed.
Rep. Bolton wanted agreement that the Central Texas Regional Mobility Authority (CTRMA) cannot enter into a market valuation project without the agreement of the Capitol Area Metropolitan Planning Organization (CAMPO). Smith agreed that agreement by CAMPO would be required.
Rep. Noriega asked for a clarification related to specific Harris County projects. Smith agreed with his understanding.

No one spoke in opposition to adoption before the question was called and a record vote was taken at 1:29 p.m. with 127 voting aye and 19 voting nay.



Representatives that voted against SB792: Burnam, Castro, Coleman, Farias, Farrar, Frost, Hernandez, Laubenberg, Leibowitz, Macias, Martinez Fischer, McClendon, Miller, Paxton, Puente, Straus, Thompson, Veasey, and Villarreal.



Rep. Smith told House members that the Governor's Office had a staff member standing by to accept the delivery of SB792. In fact, the has already been delivered to the Govenor's office and offcially received. Bill negotiators were told that the Governor would sign the bill before Monday.



Despite Loss of Amendment 13 CorridorWatch Backed SB792



The valiant effort of Representative Lois Kolkhorst together with dozens of other legislators, thousands of CorridorWatch members, and the thousands more who joined us could not over come the tremendous power of the Governor's office to kill amendment 13. Those who fought this fight with us deserve our gratitude.



Did we lose? NO WE WON! We got a lot, a lot more than anyone thought possible!



Congratulations! Your calls, faxes and email generated the support necessary to produce a bill that's a giant leap forward in our fight to stop the Trans Texas Corridor. Without your support our effort would have been completely crushed by a Governor who is determined to build the TTC over the objections of Texas citizens, community leaders, and the entire Texas Legislature. Your pressure for Amendment 13 has produced tangible results that will become powerful tools in our continued fight against the TTC.



We will get a moratorium.



Although it's punched full of holes to accommodate a dozen pending toll road project across the state, SB792 still contains a two-year moratorium that will slow construction of the Trans Texas Corridor, particularly TTC-69. We remain unconvinced that the moratorium language of SB792 is tight enough to completely stop TTC-35 facility agreements from being executed during the next two-years, but we have been given that assurance from others who are very involved in the process, including Senator Nichols.



It has also been put on the official record over and over that it is the intent of the legislature to halt any TTC construction contract from being signed over the next two years, including TTC-35. In response, public representations have been made to the legislature that no TTC construction contracts will be executed during the moratorium. Should that occur a certain firestorm will erupt with CorridorWatch leading a charge against TxDOT.



Here are some of the positive things that Senate Bill 792 will do:


SB792 creates a formal legislative study committee to research and report on public policy implications of private partnership toll projects. This will provide the public a substantive opportunity to participate in the discussion of public-private partnerships and perhaps the overarching Trans Texas Corridor.

SB792 will require the authorization for comprehensive development agreements to come under review and reauthorization. This provides another opportunity to stop the use of CDAs.

SB792 provides for greater public access to information and more disclosure with regard to the Trans Texas Corridor and other toll related contracts and details.



Market Valuation provisions will not circumvent NEPA regulation and process.


It is true that a project without federal funds is not required to comply with NEPA regulations. However, any amount of federal funds used will trigger the NEPA requirements.



TxDOT commingles their state and federal funds thereby tainting all TxDOT funds. If any TxDOT funds are used they are therefore presumed to include federal funds. That's an action they have expressed regret with from time-to-time but have been unable to resolve.

Presently it is difficult to envision any project that could be initiated without the use of TxDOT staff or planning (both require funding even if contracted).


Projects like, Loop 1604, SH281, TTC-35, and TTC-69 have long ago past the threshold of federal fund use and are forever required to comply with NEPA.



"New" funds for those projects do not create any exceptions, once under NEPA forever under NEPA.



We cannot see market valuation having any unique impact on NEPA compliance.


Even without Amendment 13 there's enough in SB792 to merit our full support.

Our legislators listened, heard us, and did their best to deliver a TTC moratorium. It's not a perfect bill, they seldom are. And yes, there are several provisions that we don't like and would like to see removed. But that time is gone and we'll need to wait until next session to address them.

A small victory is still a victory. I encourage everyone to remain commited to their cause and keep hope alive. Hope is contagious and from it grows determination...