Editor’s Note-I typically write a comment or two about the stories we include in The Tom Warne Report each week. This week I am struck by our content and the many stories we reviewed but did not include that reflect the growing rancor in our country regarding virtually every topic—including transportation. Whether healthcare, social programs or transportation the chasm that divides our citizenry is wide and seems to be growing wider. Historically, transportation projects were one area where consensus could be reached and projects advanced.

I remember meeting years ago with the newly elected mayor of Salt Lake City, Rocky Anderson. He was surprised at the opposition to the UTA’s proposed light rail extension to the University of Utah. I shared my observation with him that there is never unanimity on major transportation projects ; you do your best to resolve the issues but at some point you just need to move forward. As you all know that line was built and is highly successful in spite of those who opposed it. It takes leadership among elected and appointed officials to make these projects happen: leadership has never been more important in our industry than it is today. TW

Wisconsin Legislator Proposes Change to Road Work Rule

A new law in Wisconsin prohibiting counties from sharing personnel and equipment used for roadwork may be reversed under a proposal from a state lawmaker, who says the amendment is costing taxpayers. The state law approved over the summer prevents counties from contracting work in other regions unless the project extends into a bordering county. Supporters of the amendment said the measure was necessary because of contracts, which were unfairly resulting in private contractors bidding against crews subsidized by state funding.

“It just makes sense for counties to cooperate,” said Sen. Kathleen Vinehout, D-Alma, who proposed the bill change. “Road equipment is expensive; certain county workers have special skills and experience. Working together brings costs down for taxpayers.” She said the new law also prohibits counties from working for cities within the county if the city has a population above 5,000. “If my bill does not pass, all this cooperation will grind to a halt.”

The measure will be considered in the 2012 legislative session begins in January.

Obama Signs Bill to send Funding to Woodward Light Rail

A budget bill has been signed by President Barack Obama paving the way for the ease of access of significant funding for Detroit’s Woodward Light Rail project. The stop-gap bill includes a provision by Michigan Sen. Carl Levin to help pay for the $550 million light rail service along Woodward Avenue through the Federal Transit Administration’s New Starts Program. The program is designed to provide funding for major rail capital projects that will benefit regions through more efficient transit, cutting pollution and economic redevelopment. The project in Detroit needs at least $300 million in federal support.

“Detroit deserves a world-class transportation system, including light rail service along the iconic and much-used Woodward corridor,” said Levin, D-Mich. “This legislation helps ensure that Detroit residents and visitors will enjoy a full range of transportation options.”

Levin said the measure opens the door to local funding sources, including private funds pledged by investor group M-1 Rail, which will match federal funding. The city’s economic condition would not otherwise allow it to come up with the 40% match without private assistance.

Detroit previously was awarded $25 million from the U.S. Department of Transportation for the 9 mile route, which includes 19 stops.

Hawaii Rail Opponents may Request Halt to Rail Construction

Opponents of Honolulu’s rail project are hoping to request a federal judge to halt construction if work begins before the resolution of an environmental lawsuit. The city says it is working with the opponents to resolve the dispute regarding the environmental process that selected the project, but construction needs to be kept on schedule due to the complex stages of the process.

“If the city and the FTA are going to plunge ahead and start significant kinds of construction, we will have no alternative but to go in for preliminary injunction,” said Nicholas Yost, attorney for the rail opponents.

The city is challenging the standing of the plaintiffs, which include former governor Bill Cayetano, because they never made submissions to the administrative record during the times for public comment. “You show up later on as a plaintiff in a lawsuit saying you’re dissatisfied with the document, the environmental review document or the procedures that were followed, but you never pointed that out to anybody along the way then. That’s not appropriate,” said Gary Takeuchi, attorney for the city.

A California judge is presiding over the case, as all Hawaii district federal judges have recused themselves from the lawsuit. The judge said it is unlikely that the case will be resolved before next summer or fall, and that a preliminary injunction could be enacted before the conclusion since construction may start soon.

Minn.-Wis. Bridge Opposition Grows among State Legislators

Some state legislators are increasingly opposed to spending $360 million for Minnesota’s portion of a new St. Croix River bridge, and instead want the funding released to be spent on transportation projects that will benefit more residents. The lawmakers say the state cannot afford to spend that amount in addition to the $100 million or more needed to enhance highways surrounding the proposed new Vikings stadium in Arden Hills, as hundreds of other roads and bridges in the state continue to deteriorate.

The Minnesota’s Department of Transportation’s preferred proposal is endorsed by Gov. Mark Dayton and the state’s two U.S. Senate Democrats for a four-lane, $690 million bridge at Oak Park Heights. A smaller bridge was proposed to be built in Stillwater by a group formed this summer, Stillwater Sensible Bridge Partnership, with an estimated cost of $394 million.

“It’s expensive, it costs more than the I-35 bridge with one-sixth the traffic, and would fund sprawl in Wisconsin,” said Sen. Scott Dibble, DFL-Minneapolis, one of the 30 Minnesota and Wisconsin legislators who recently wrote a letter to Dayton and Wisconsin Gov. Scott Walker. “Everything will be delayed that much more because we’re building an oversized bridge.”

Advocates of the bigger bridge, which has been planned for years, say a federal “working group” proposed by U.S. Transportation Secretary Ray LaHood to further explore the bridge issue, would repeat years of studies completed by federal and state agencies, community groups and local governments.

N.C. Gas Tax Cap Proposal Dies in Legislature

RALEIGH – State House lawmakers approved a temporary cap on North Carolina’s gas tax before it sharply rises in the New Year, but the Senate opted not to take up the proposal for consideration, saying the timing was not right. The measure could have obtained final House approval Tuesday, but instead the bill died because the Senate decided to go home Monday without taking up any more legislation.

The proposal would have kept the state motor fuels tax at 35 cents per gallon through June 30. The state’s gas tax rate is recalculated automatically twice a year – Jan. 1 and July 1 – based on wholesale gas prices. The General Assembly estimated the state tax will rise to 38.9 cents without the cap.

“Maybe 4 cents on the gallon is not a lot,” said Rep. Edgar Starnes, R-Caldwell, before the House voted 96-23 in favor of the bill. “But if you’re unemployed or underemployed, then every penny counts and these are the people that we need to help at this time.”

The tax cap was controversial among lawmakers in North Carolina, which maintains one of the highest gas taxes in the nation. State Sen. Bill Rabon, a Southport Republican and co-chairman of the Joint Legislative Transportation Oversight Committee, said Monday that he was opposed to the cap, saying it is a “mighty big issue to jump on at the 11th hour.”