CorridorWatch released a statement today expressing, gratitude for all supporters, disappointment about losing amendment 13 and yet, support for SB 792. Sometimes in politics, you take what you can get now and save your energy for the fight ahead. It's like the old saying of "two steps forward - one step back"."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."
"Did we lose? NO WE WON! We got a lot, a lot more than anyone thought possible!"
"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:
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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.
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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.
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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."
Here are some of the other things that Senate Bill 792 will do:
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SB792 prohibits a firm who has developed the market valuation for a toll project from investing in a private entity that participates in financing, development, construction or operation of a toll project. This helps eliminate a conflict of interest that has occurred in other state’s public-private partnership deals. It should also inject more accuracy into the financial model.
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SB792 prohibits the use of an estimate of future project revenue in calculating the estimated amount of loss to the private participant in the case of termination for convenience (unless it was in the agreed base case financial model). This impacts the ‘buy-back’ provision of public-private toll roads and safeguards us against unreasonably high buyout expenses.
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SB792 provides local toll road authorities with access to the state highway system without being required to pay excessive and unreasonable access fees to TxDOT. Those fees would of course be passed on to motorists.
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SB792 grants authority for local toll roads to be developed using comprehensive development agreements within the framework setout in the bill’s provisions. Not a great provision, but does allow more local control that would otherwise exist.
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SB792 invalidates a TxDOT ‘protocol’ established in north Texas that restricts the ability of regional toll road authorities to fully participate in toll road projects in the region. The ‘protocol’ served to force private toll road participants over public authorities.
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SB792 places limits on the non-compete and competition penalties allowable in the terms of an agreement with a private toll road partner. Limits included a geographical limitation of four miles and a series of transportation projects and facilities that cannot be prohibited or for which no penalty can be paid.
Some anti-toll groups will advocate for defeat of SB792 when it comes up for a vote in the House and Senate. CorridorWatch however will advocate for it to be passed into law. It represents a giant step in the right direction and lays the ground work for more progress in the future."
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