NASHTU Notes Archives

NASHTU 2nd Annual Fall Conference – Register TODAY!

At previous NASHTU Annual Conferences, NASHTU attendees have expressed a desire to meet more than once a year to discuss important updates and state developments that impact all NASHTU members.  To accommodate this request, last fall NASHTU hosted its first virtual fall conference at no cost to attendees.  We are pleased to announce that we are once again planning a free virtual fall conference on October 19 from 10 a.m. – 12 p.m. PDT/1 – 3 p.m. EDT. 

Please mark your calendars to join us as we discuss State DOT recruitment and retention, federal legislative challenges, outsourcing public sector transportation work, and other pertinent transportation-related updates. 

To register for the free conference, please click here.

Please spread the word with other transportation and union leaders – everyone is welcome.

NASHTU Planning Subcommittee Members: Jon Haines (AFSCME), Jenn Porcari (AFT), Amy Hickey (AFT), Travis Woodward (CSEA/SEIU 2001), Patrick Lyons (New York State Public Employees Federation), Michelle Wheat (Montana Public Employees Federation), Patrick Russell (Massachusetts Organization of State Engineers and Scientists – MOSES), Joe Dorant (MOSES), Tom Prendergast (MOSES), Nadine Westcott (Professional Engineers in California Government)

Congressional Chairmen Ask U.S. DOT for Status of VMT Advisory Board

Recently, the Senate Environment and Public Works Committee Chair Tom Carper (D-DE) and House Transportation and Infrastructure Committee Chair Sam Graves (R-MO) sent a letter to U.S. DOT Secretary Pete Buttigieg asking for an update on establishing an advisory board, as required by the bipartisan infrastructure law, to study an alternative means for securing sustainable funding for the Highway Trust Fund.  The board will inform and provide structure for a new, national pilot program to test mileage-based user fees as a replacement for the current gas tax.  

The bipartisan infrastructure law, also known as the Infrastructure Investment and Jobs Act (IIJA), tasked U.S. DOT with setting up the Federal System Funding Alternative Advisory Board no later than 90 days after enactment.  The IIJA was enacted into law on November 15, 2021.  The advisory board has not yet been formed.  

The previous surface transportation law, the Fixing America’s Surface Transportation (FAST) Act, provided grants for states to test road usage charges as an alternative to the gas tax.  Those pilot programs showed significant promise that using road usage fees could be an alternative source of revenue to sustainably fund transportation programs in the future.  The IIJA provides funding for a national pilot program, but this pilot is dependent upon the recommendations of the advisory board.

“The National pilot program will enable Congress to determine the feasibility of road usage charges as a viable funding source and, if they are, to consider these charges during the debate of the next Surface Transportation Authorization bill.  We remain concerned that the delay in launching the Advisory Board and the subsequent National pilot program risks preventing the timely development of the data needed for Congress to make an informed decision during that future funding debate,” the letter from Senator Carper and Representative Graves states.

Read the full letter here.

Room Block Extended – Book your Rooms for the 2023 NASHTU Conference Today!

The 23^rd Annual NASHTU Conference is coming up quickly!  The conference is set for June 5 through 7, 2023 at the Hilton Capitol Hill Hotel in Washington D.C. 

NASHTU has secured a special room rate at the Hilton Washington DC Capitol Hill Hotel of $299 per night (single/double occupancy).  Our room block has been extended until Tuesday, May 9, 2023.  After this point, all room reservations will be sold at the current daily rate, based on hotel availability.  If you haven’t yet booked your rooms for the NASHTU Conference, please do so today!

Reservations can be made by clicking here or calling the hotel at 202/628-2100.  Please be sure to mention the NASHTU Conference when booking your accommodations.

As always, the 23^rd Annual NASHTU Conference will feature some of the preeminent transportation leaders in Washington.  Past conferences have included the congressional leaders of both Senate and House committees with jurisdiction over transportation and infrastructure and key transportation and labor officials from AASHTO, Transportation Trades Department, AFL-CIO, FHWA, Center for American Progress, American Highway Users Alliance, Economic Policy Institute, and many other transportation stakeholder organizations.

If you still need to register for the conference, please, please visit our conference webpage.

Don’t Miss Out – 2023 NASHTU Conference Registration is Open! Register Today

In Case You Missed It: Registration for the 23rd Annual NASHTU Conference is now open!  The conference is set for June 5 through 7, 2023 at the Hilton Capitol Hill Hotel in Washington D.C. 
The conference will feature some of the preeminent transportation leaders in Washington.  Past conferences included the congressional leaders of both Senate and House committees with jurisdiction over transportation and infrastructure and key transportation and labor officials from AASHTO, Transportation Trades Department, AFL-CIO, FHWA, Center for American Progress, American Highway Users Alliance, Economic Policy Institute, and many other transportation stakeholder organizations.

To register for the conference, please visit our conference webpage.

Colorado Auditor Finds Waste and Delay in State’s 
Alternative Delivery Program

The Colorado Department of Transportation (CDOT) spent almost $4 billion on alternative delivery construction projects that bypassed the state’s low-bid practices, violated state laws, and led to the projects costing more than independent cost analysis indicated they should, according to a recently released Colorado performance audit. 

The use of alternative delivery projects in Colorado followed the passage of state legislation in 2013 that allowed the department of transportation to loosen its strict adherence to low-bid procedures.  That law, House Bill 13-1292, instead allows the state agency to consider factors other than cost when awarding bids.  Alternative project delivery includes design-build and construction manager/general contractor (CMGC) contracting.

The audit reviewed 19 active alternative delivery projects CDOT managed during the fiscal year 2021 and 2022.  In eight of those projects, the audit found that CDOT “did not fully use its project delivery process” for deciding when to forego low-bid procedures.  This increased “the risk of choosing an unsuitable delivery method that could lead to cost and schedule overruns.”

In addition, the audit found that state officials ignored independent cost estimates they gathered when negotiating for alternative delivery work.  This resulted in CDOT awarding contracts that were nearly $18 million more costly than independent estimates had suggested for 27 contracts on nine projects. 

Although Colorado has trumpeted that alternative delivery projects saved time and money, the audit found that neither claim is supported by the evidence.  In fact, one design-build project jumped by 25% over the original contract amount, escalating to a total $65 million cost. Another design-build project jumped up to a total $77 million cost, a 13% increase from the original contract, according to the audit.

In addition, the audit determined that significant delays had occurred in alternative delivery projects, with construction delays of nearly a year or more for such projects.

Read more in Yahoo Finance.

Maryland Dodges P3 Bullet            

According to Maryland Matters, an online publication covering Maryland Government and Politics, Australian-based Transurban announced that it was withdrawing from a public-private partnership near Washington D.C. 

The $11 billion project, first announced by former Maryland Governor Larry Hogan (R) in 2017, would replace the American Legion Bridge and add four “high-occupancy toll” lanes on portions of the Capitol Beltway (Interstate 495) and Interstate 270.

Transurban was the lead partner in a consortium known as Accelerate Maryland Partners, which was selected for the project in 2021.  The withdrawal announcement comes less than two weeks before the consortium was required to meet a key deadline and submit its design and finance plans for the project. 

In a statement, Transurban gave vague reasoning for pulling out of the project, but tellingly blamed a “changing political landscape,” among other reasons.  In January 2023, Governor Hogan’s term ended, and Democrat Wes Moore, who was elected in November 2022, took office.  Governor Wes Moore has been critical of the project, and he has sought “a change of direction in the plan.” 

The Governor said in a statement that the termination of the Phase P3 agreement does not impact the approved federal Record of Decision for the first phase of the project.  The statement went on to state that Maryland did not owe payment to Transurban because the company “executed its contractual right to not proceed” and that the state remains committed to continuing progress in a manner that ensures “social equity, environmental protection, and engagement with the local community.”

NASHTU has long advocated against the use of P3s in transportation and other public works projects.  When government allows private corporations to inject profit into public works projects, the public always loses.  In this case, as soon as the political winds changed and Transurban figured out that they couldn’t steamroll the environment and local communities, they bailed. 

It is uncertain at this time if the project will remain a P3.  NASHTU will post updates as they become available.  NASHTU urges the Maryland DOT to complete the necessary transportation improvements using traditional financing and public sector professionals for the design, construction inspection, and maintenance of the project.

Read the full article here.