April 2, 2009

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Toll rage
Why we pay to drive the highways, where the money goes and why tolls might increase
By Heidi Masek hmasek@hippopress.com

You can “live free or die” in New Hampshire but it may eventually cost you $2 to get out: a southbound toll on Interstate 93 in Salem could be in your future. Meanwhile, the governor’s budget proposal includes 50-cent toll increases at the main Bedford, Hooksett and Hampton plazas and 25 cents at others. Then there’s that awful rumor about possibly moving Bedford’s toll to Nashua.

Living in New Hampshire means no sales or state income tax (unless you work out of state, of course) yet keeping the highways passable has to be paid for somehow.

Border skirmish
A toll to-do flared up recently when New Hampshire and Massachusetts state legislators pledged publicly to oppose tolls on I-93 on either side of the states’ border.

Seeking ways to raise the $319 million needed to complete the I-93 widening project, New Hampshire Department of Transportation Commissioner George Campbell filed a letter of interest in a pilot Interstate tolling program with the Federal Highway Administration in December. DOT spokesperson Bill Boynton said the commissioner did get a kind of notification that Massachusetts was looking into a border toll, which was a factor.

You see, only three states can take advantage of the “Interstate System Reconstruction and Rehabilitation Pilot Program,” which has been on the books since 1998. Virginia and Missouri already have. (The pilot is under the Transportation Equity Act for the 21st Century.) That means just one more state can toll an Interstate facility to pay for needed reconstruction. New Hampshire has now been invited to apply and is reviewing the option but has not filed a formal application, Boynton said.

Freedom Trail
State Rep. Frank Sapareto (R-Derry) said that in a couple of hours he collected about 100 names of New Hampshire legislators who would pledge not to support a border toll. It wasn’t a petition, he said. The list was to create awareness and form an agreement with their Massachusetts counterparts rather than get into a toll war, Sapareto said. Sapareto and colleagues joined Massachusetts legislators in Boston on Monday, March 23, to go on the record with their pledge, Sapareto said.

Mass. state Senator Robert Hedlund, who participated, said the Massachusetts governor had floated the idea of an I-93 toll at the border, but didn’t have a count of Massachusetts legislators who signed a pledge.

Rep. David Campbell of Nashua, vice chair on the Public Works and highways committee, said an I-93 toll would need both federal and state legislative approval.

“It’s our understanding that you can’t just throw a toll booth up on the Interstate, because you would have to, in effect, pay back the federal government for ... building that highway,” Boynton said. “It’s unclear how Massachusetts would [install a toll] without some special category like we’re looking at,” Boynton said. (To make things more confusing, I-93 in Hooksett is laid out on an existing state turnpike, hence the toll, Boynton explained.)

Nancy Singer, spokesperson for Federal Highway Administration, said she had not seen anything from Massachusetts regarding an I-93 toll as of March 24. New Hampshire has not yet applied, she confirmed March 26.

“Basically, an Interstate can’t just be tolled. They have to apply to the federal government and get permission,” Singer said. She believes the program Massachusetts is interested in is the Interstate Reconstruction and Rehabilitation program. They would need to do some sort of improvement to the road to install a toll, she said.

A toll in Salem?
Boynton said it would take four years to open a toll in Salem under optimum circumstances, so the earliest you would see one — if the state goes that route — would be 2013.

Located somewhere between the Massachusetts border and Exit 1, it would be an “open road toll.” The DOT plans to convert the Hampton toll to open road in 2010. In this system, vehicles with toll transponders continue driving at highway speed, tolled by an overhead mechanism. Cash vehicles are diverted to a plaza.

Wouldn’t a toll slow down traffic and cause bottlenecks and traffic jams just where you want to relieve them? Boynton said no, because open tolling allows free flow of traffic and 60 percent of turnpike users have an E-ZPass.

What about safety issues? “There again, all you would have visually would be a structure over the road ... it looks like an overhead sign structure,” Boynton said. There wouldn’t be 14-foot lanes between booths to worry about, he said.

Invisible toll plaza
Whether physical layout or other logic is behind the southbound choice Boynton did not know. “Presumably for most people it’s round trip,” Boynton said.

At this point, the New Hampshire E-ZPass account discount would still apply, Boynton said. However, the governor’s current budget proposal (the House has other ideas) drops the discount in favor of capping your monthly E-ZPass bill at $30.

The Salem toll is estimated to bring in roughly $34 million per year. Boynton said he thinks about $2 million is planned for operations and staff annually, leaving a net of $32 million.

With that projected revenue, it seems like the toll would pay for the project in about 11 years. However, a 30-year bond to cover remaining I-93 costs and about $23 million to build the toll is mentioned in the commissioner’s letter of interest to the FHWA. Debt service on the bond is why the toll is scheduled to pay for the project over 30 years, Boynton said. Asked if tolling would end then, Boynton said he hasn’t heard long-term plans. Boynton thinks toll collectors are paid between $8 and $12 per hour, depending on whether they are part-time or full-time.

A few reactions
“I think it’s a terrible proposal,” said Ed Callahan, president and general manager of Rockingham Park in Salem.

He’s not sure how much it would affect the Park, though. From The Rock, people can use Route 28, which is parallel to I-93, to cross the border. That would probably cause more traffic problems in the local community, but customers would be able to avoid the toll, Callahan said. He’s concerned about Massachusetts adding a northbound toll.

State Rep. Candace Bouchard of Concord chairs the House public works and highways committee, and said “I think at this time it’s premature.” She also thinks we have to be open to funding solutions.

Major Russell Conte, field operations bureau commander for the State Police, said, “You know, I can’t really say there would be any more safety issues at a new toll booth than an existing one.” However, the location affects the amount of traffic. “That would be a busy toll booth,” Conte said. The more people funneled into one area, the more potential for minor accidents and other mishaps, he said.   

Interstate 93
About 100,000 vehicles per day use I-93, with two lanes each way, Boynton said. There’s not much area on the shoulder and embankments are steep, Boynton said. When there’s any sort of incident, traffic has nowhere to go.  There are more lanes in Massachusetts, and the road starts narrowing at Exit 1 in New Hampshire. That does create traffic constrictions and safety concerns, Boynton said.

Rebuilding I-93 between Manchester and Salem is now projected to cost $780 million. Originally, it was to cost $410 million, which was federally funded. But costs in land and construction went up dramatically — by 40 percent in the past three years, Boynton said. Steel and concrete costs rose due to global demand.

The project is scheduled to finish in 2017. Stimulus funding is helping move some aspects along, yet other parts are pending that $319 million, Boynton said.

Stimulus
New Hampshire received $129.4 million in federal stimulus money, which is “almost a whole additional year of construction money,” Boynton said. The NH DOT will be able to pave about 750 miles this year because of it, about three times what had initially been planned, Boynton said.

But it sounds like none of that can pay for things like plowing. The DOT is facing about a $150 million operating budget shortfall (as in things like plowing) on July 1 for the state budget biennial cycle. It is currently spending about $100,000 more per day than it brings in, Boynton said.

Money from the American Recovery and Reinvestment Act needs to go toward projects “that are ready to go,” that create transportation construction work, Singer said. Mostly, she’s seeing repaving and resurfacing projects.

Tolls, state gas tax and motor vehicle fees pretty much are how the DOT covers operating costs in New Hampshire. Almost all funding for so-called capital projects — projects related to infrastructure — is federal, Boynton said.

The state’s gas tax is 18.5 cents per gallon, and the federal one is 18.4. The average U.S. state gas tax is 26.6 cents according to the American Petroleum Institute’s January information.

“We’re in this kind of odd situation where we benefit from burning gas,” Boynton said. But people are driving less and using more fuel-efficient cars.

“New Hampshire DOT is not unique ... just about every state is facing tremendous challenges in how to fund transportation,” Boynton said.

A gas tax plan
A bill has already passed the state House to raise the state gas tax by 15 cents, Boynton said.

But that’s not what the governor’s budget includes. The DOT commissioner’s plan is essentially the governor’s plan, and uses a combination of other funding mechanisms, Boynton said.

The governor’s and DOT budget proposal shows increases for about every toll but those in Merrimack.

The DOT has fewer employees than it did 20 years ago, and it has proposed closing nine rest areas. The only thing Boynton thinks has not been considered for potential cuts is winter maintenance. The department spent $6 million more this year than normal. Average storm clean-up costs $29 million or $30 million per year. Last year it was about $37 million, and this year it was about $35 million. Salt costs went up 30 percent. Fuel costs were up last year.

The House’s plan is much different. Bouchard said HB 644 from the public works and highways committee is written to create a new dedicated account for money taken in from the increase of 5 cents each year for three years. 

It “prevents diversion,” Bouchard said. All of that gas tax money in that plan goes to building roads and bridges and maintenance. However, cities and towns get the first 12 percent back in grants, which increases what they have been getting by 50 percent, Bouchard said. “That’s why the municipal association backs it,” Bouchard said.

The DOT is expected to be going into deficit by $150,000 per day this summer. This plan puts the DOT back into the black, addresses the I-93 funding needs and bridge issues, and “gets us on a paving schedule,” Bouchard said.

The governor/DOT plan to cut the 30-percent E-ZPass discount would net $3.4 million annually in revenue, after capping E-ZPass users’ monthly bill at $30 (HB 670). “The bill was actually designed to give frequent users a break,” Boynton said.

The House voted against a monthly cap, although there was discussion involving a 15-percent discount and cap of 33 toll trips per month.

Campbell points out that if people lose their E-ZPass discounts (and don’t hit a monthly limit), a toll hike of 70 cents (discounted) to $1.50 amounts to a 114-percent increase, for example.

Studies showed that neighboring states with higher gas taxes don’t necessarily have higher prices at the pump, Bouchard said. The pump price is market-driven, she said.

Bouchard said they “didn’t want to do anything in these hard economic times that affect citizens” too adversely. Depending on how much you drive, the gas tax increase could equal about $25 or $50 more per year, she said. 

Recognizing the gas tax can’t be relied on in the future, Bouchard said HB 644 includes a study for a long-term solution to augmenting it. They had two economists look at the bill and they expect the bill will create 1,100 to 1,400 jobs because of construction, she said. 

The governor’s plan doesn’t create the revenue to finish I-93, while it looks like the House version does.

“It relies on a lot of fees,” like an extra $10 to register your car, Bouchard said of the governor’s plan. That increase only brings in $12 million, Campbell said. “That plan also only funds [DOT] for four years, so it’s a short-term plan,” Bouchard said.

A 10- or 12-year funding solution is needed, Campbell said.

“I guess some people would say, pick your poison,” Boynton said. This isn’t a scheme to endorse the gas tax, he said. The DOT still wants the proposal it sent to the governor. Historically, a gas tax has always been “very difficult, politically, to increase,” with even one- and two-cent hikes being shot down. The New Hampshire gas tax has not been raised since about 1991, Boynton said.

Campbell believes his committee’s bill will go through the House again as part of the budget bill, then head to the state Senate.

Sapareto said as a member of the Ways and Means committee, he’s concerned that many bills that should have come through his committee haven’t. “We have such an overwhelming amount of Democrats,” Sapareto said. He believes bills with tax increases that should have gone through Ways and Means have instead been routed through the finance committee.

Avoiding tolls
James Pitts, the town manager of Bow, said of Hooksett toll avoidance, “I’d classify that as a serious problem in Bow.” A large number of 18-wheelers bypass tolls using Route 3A. “Business is booming” for the two truck stops in that area, but residents have to listen to trucks late at night, Pitts said. (The top charge, for a nine-axle vehicle, is $5.50 cash, or $4.95 with an E-ZPass discount.)

Pitts thinks that if tolls go up there will be more diverted traffic. “If you wish to see an example of what I’m talking about, simply drive down 3A through Bow at 10 o’clock at night.... It’s just one solid stream of trucks,” Pitts said.

“I’m sure a lot of people in automobiles are dodging the Hooksett tolls,” Pitts said. There’s a fair amount of speeding. State Police do enforcement there. “There’s a relatively high accident rate on 3A,” Pitts said. That can involve the town’s fire, police and ambulance service. Bow’s services also assist in responding to accidents at the toll.

Few residents probably use I-93 to get around town.

“We don’t have the problem that Merrimack does,” Pitts said. Those commuting south of Bow might be affected, but to the north: “There are no tolls all the way to Canada,” Pitts said.

“People have a choice,” Conte said. Routes that run adjacent to those highways were usually there before the Interstates were, he said. However, he thinks many people probably don’t avoid the toll if the highway is quicker. “I think commuters probably want to get to work expeditiously. They want to get home the same way.”

Nashua toll?
Boynton said there certainly isn’t any eminent legislation to move the Bedford tolls to Nashua, but said just about everything is being looked at in state government these days when it comes to the budget.

“I think the commissioner is looking at any and all types of things that can help sustain the system for the future,” Boynton said.

Bouchard said she hasn’t heard any official discussion about moving Bedford tolls to Nashua. The General Court tried to do that several years ago and it was overturned on the House floor, she said.

“The bottom line is we have to fund our transportation plan. Right now we’re barely able to keep up with routine maintenance,” Bouchard said.

When pressed, the DOT commissioner said toll booths would not be in Salem or Nashua for at least two years, but made no guarantees past that, Rep. David Campbell said — “Which of course gives great concern to those of us that live in the southern tier.” His committee favors the gas tax because it spreads the funding burden throughout the state, he said.

Options
How about privatization? In 2005, the first long-term lease of a toll road in the U.S. occurred when Skyway Concession Company, LLC, took over operation and maintenance of the 7.8-mile Chicago Skyway from the City of Chicago. In the 99-year lease, the private entity receives toll and concession income from the elevated connector between I-94 and I-90, according to an FHWA case study. There are recent reports of toll hikes and toll collector wage disputes.

New Hampshire has not seriously considered privatizing a highway, Boynton said.

Other dramatic proposals include discussion in Oregon and Massachusetts of factoring in vehicle miles traveled. “We don’t plan on going there anytime soon,” Boynton said. Massachusetts plans to start charging a monthly 50-cent fee per transponder starting June 1. Boynton said New Hampshire is not looking at such a thing. An interior NH E-ZPass transponder currently costs $20.95 for an individual. All kinds of ideas are floating around, but everyone’s still relying on gas tax and motor vehicle fees, he said.

A number of funding options have been discussed, but Boynton said he thinks they are primarily heading toward a “so-called user fee,” or toll. “And that’s the national trend,” Boynton said.

Singer confirmed that she’s seeing that trend, and not just to maintain roads. More states are converting HOV (high-occupancy vehicle) lanes to HOT (high-occupancy/toll) lanes, which raises revenue, but primarily dilutes congestion. Basically, it allows minimum-occupancy vehicles to use the carpool lane by paying a toll. In Denver, for example, not enough traffic used the HOV lane, so it made sense to allow other vehicles, she said.

Variable tolling, another trend, is also used for revenue and to alleviate congestion, Singer said.

Regarding DOT funding ideas, Callahan said, “Well, you know, we have other potential solutions.” Callahan thinks the gas tax needs to go up anyway. “The state continues to take money out of that fund, for the Department of Safety, I believe,” Callahan said. Boynton said payments from the highway fund to other agencies “have pretty much been justified” at this point.

Regarding funding I-93, Sapareto recommends perhaps cutting some spending out of the project, using some federal stimulus money, and voluntary sources, “for example slot machines in Rockingham Park.” New Hampshire’s always found money “through booze, butts and bets,” Sapareto said.


Tunnel trouble
Ever paid $8 to cross the Hudson River on the George Washington Bridge? You could have been paying almost as much to use the Sumner, Callahan or Ted Williams tunnels to cross Boston Harbor this summer.

Hedlund said the Mass. Turnpike Authority can install tolls without legislative approval in areas it controls, which are the three Boston tunnels and the turnpike itself. It recently agreed to delay planned toll increases from $1.25 to $2 July 1 at Weston and Allston-Brighton on I-90/MassTurnpike, and from $3.50 to $7 at the harbor tunnels, according to NECN. Much of the commonwealth’s transportation debt problem is due to the Big Dig, according to NECN.

“We have some legislators who think their communities feel they are treated unfairly,” Hedlund said. Instead of standing united against tolls and toll hikes, they are looking to spread the tolls around, he said. Massachusetts governor Deval Patrick had also floated the idea of tolls near the Rhode Island and Connecticut borders.

Hedlund referenced the “huge” transportation bill they were debating last week that would provide all-encompassing reform, including their pension system, and get rid of the Massachusetts Turnpike Authority. The Massachusetts senate passed the bill, which also consolidates the MBTA into the proposed single transportation agency, on March 25, according to the Boston Globe.

Invisible toll plaza
In an open road toll, vehicles continue driving at highway speed under a bar that reads their transponders. Vehicles paying in cash are diverted to collection booths.

You may have driven through one on the Garden State Parkway in New Jersey, called “Express E-ZPass.” 

DOT plans to convert the Hampton toll to an open toll by Memorial Day of 2010. It should improve air quality there, Boynton said.

That conversion is contingent upon a plan that would transfer a small section of I-95 to the turnpike system (HB 391).

Interstates and turnpikes
Interstates and turnpikes in New Hampshire make up 7 percent of the total road mileage but 37 percent of total traffic. “That’s where some of the burden is,” Boynton said.

Tolls pay for everything that has to do with the state’s 93 miles of turnpike. However, there are about 190 miles of Interstate. They are state-owned, yet only money from the “highway fund” can be used to maintain them, which comes from revenue from the state gas tax and motor vehicle registration fees. The $106,503,360 collected in Fiscal Year 2008 on the turnpike could only be used to maintain those 93 miles of turnpike. (More than $42 million of that came from the Bedford and Hooksett tolls.)

The DOT is looking at a long-term “aggregation” idea that would essentially allow for the use of toll revenues to maintain and improve the Interstate system, Boynton said. The commissioner wants to make sure the quality of the Interstates is on par with the quality of the turnpikes. “And he thinks it’s slipping. Right now, toll money cannot be used for Interstates,” Boynton said. The commissioner has about 4,200 miles of state highway to worry about, and wants to figure out how turnpike income can be a wider resource.

Boynton said cities and towns have also noticed a drop in registration revenue because people are holding onto their cars longer (the fee is higher for newer models).

Campbell said the DOT presented his committee with a plan to add Interstates to the turnpike system, but did not put forth a plan to put any tolls north of Hooksett. Bouchard said she’s not sure how long turnpike revenue could be used to maintain the entire Interstate system. Bouchard said that toll building has to come to the General Court for approval.

The federal government only owns Interstates on federal lands, Singer said. Still there are federal restrictions on Interstates. One of the restrictions on toll collections is that it has to go back toward the facility, such as debt service or maintaining and operating the road. You can’t put up a toll to build a school, for instance, Singer said, particularly with the Reconstruction and Rehabilitation program. And if a state wants federal aid, it has to abide by federal regulations for roads, Springer said.

What to do in the wrong toll lane
If you drive through an E-ZPass lane without an E-ZPass transponder, “By the letter of the law… you’ve evaded the toll, but we do understand that people make mistakes,” Conte said. “At your earliest convenience,” notify DOT and usually they can provide a way to mail in your toll, Conte said.

“I mean, we don’t want people to get into an accident to right a small mistake,” Conte said.

Boynton said he often gets calls from drivers saying they were squeezed into the wrong lane by a truck, for example.

“We would discourage any kind of dramatic movements” if you are in the wrong lane, Boynton said. If you go through the wrong toll, you’ll probably get notice of a $25 administrative fee, which notifies you that you can appeal. “More often than not, initial violations that are appealed are waived, so that you don’t have to pay ... obviously if you’re chronically doing it, there’s more of a problem there,” Boynton said. The last thing they want is people backing up or taking sharp turns.

The lanes are well-marked, with purple signs for E-ZPass. Commuters and regular users know, but infrequent travelers might get confused, Boynton said.

Conte said usually signs are a couple miles ahead of the tolls showing which lanes to use. Generally, hand collection for cash is at the booth to the far right, he said.

The State Police and DOT announced a “campaign to improve safety” at toll plazas recently. A press release about it stated that “speeds within the plazas have become unreasonable and unsafe to members of the motoring public and toll employees.”

Conte said that although the E-ZPass works at higher speeds than they consider safe, the 10-mile-per-hour advisory speed is for safety.

“The main reason is you have much more control over your vehicle,” Conte said. The stopping distance is minimized, for example. Slower speeds “lessen the consequences of any accidents,” Conte said.

Conte said there’s currently work going on to set speed limits through tolls.

The 35-mph limit approaching the toll is “to get people to start slowing down from highway speed,” Conte said. “We understand it’s not an easy thing to do ... what we’re tying to get people to do is approach those toll plazas at controllable, safe speeds,” Conte said.

When asked if people are fined for going faster than 10 miles per hour through the toll, Conte said driving at an unsafe speed doesn’t need to have a number. Weather conditions and location factor in. Conte advises drivers to think about the safety requirements for where they are — drive at a speed at which you can be aware of all of your surroundings and be able to react.

“We’re just trying to make [the tolls] safer for everyone,” Conte said. “Those toll booth areas become very congested depending on the time of day,” Conte said.

Merrimack’s plight
A bill that would require each community to have “one or more” toll-free interchange, HB 604, was killed during the torrent of legislating March 24 when the General Court was preparing for “crossover day” (the deadline for House bills to go to the Senate and vice versa). Essentially, it could have helped Merrimack, which has tolled exits.

“I think the Daniel Webster Highway is used pretty extensively to avoid some or all of the tolls,” Merrimack Town Manager Keith Hickey said. Hickey thinks a lack of tolls could reduce some of the traffic there, especially during commuter hours.

How does he feel about moving Bedford tolls to Nashua, or adding a Salem toll? “Obviously any relief that we can get in Merrimack regarding tolls would be ... positive for the town itself,” Dickey said. But he added, “I think there are pros and cons with tolls being located at the New Hampshire-Massachusetts border.” A lot of the arguments against them would be the same arguments Merrimack has. Are people any more likely to pay a toll to save a little on sales tax than they would be to stop at a Merrimack gas station?

The recommendation against HB 604 came from Rep. Dale R Sprague for the public works and highways committee: “The majority of the committee found this bill unfairly relieved one community on the turnpike system of paying its fair share. The turnpike system is set up as a ‘pay-as-you-go system,’ and if the community finds the fee doesn’t make travel easier in their day to day living, they can choose not to use the system.” 

Why the harsh words?
Those exit ramps were constructed in Merrimack with the understanding that once those on and off ramps were paid for, the tolls would come down, Hickey said. The town has probably paid for those ramps several times by now, he said.

Actually, they haven’t according to Campbell. Boynton confirmed that the interchanges at Bedford Road at Exit 12, Continental Boulevard at Exit 11 and Industrial Drive at Exit 10 cost about $48.9 million, financed by 30-year bonds, according to an eight-year-old report, Boynton said. The ramps were opened between 1990 and 1993. Merrimack had asked for them to attract new industry and agreed to tolls to pay for them. Digital Equipment had donated land for a ramp and a few hundred thousand dollars to the cause. Campbell said the plan worked and brought industrial development to the town. Fidelity is now located where Digital was. He also said state work on Continental Boulevard and Industrial Drive were involved in the toll agreement.

Alternate routes
Roads that run parallel to tolls or possible tolls:

• Daniel Webster Highway in Merrimack
• Route 3A in Bow and Hooksett
• Route 3 in Bedford
• Route 28 in Salem

“Rebuilding I-93”
• Where: 20 miles of I-93 between the state line and Manchester
• Built: 1960s
• Use: About 115,000 vehicles per day in Salem
• Project: Adds two more north and south travel lanes, widens and fixes bridges, improves interchanges.
• Extras: The commuter Boston Express Bus, bus terminals and an Exit 5 park-and-ride were created to mitigate traffic congestion.
• Started: 2006
• Finish: 2017 scheduled, pending funding.
• Original cost: about $410 million in federal funding
• Current cost: $780 million due to increased land/construction costs
• Need: $319 million
• Details: www.rebuildingi93.com