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State Legislatures Magazine
State Legislatures Graphic:  October/November 2007

When a Bridge Falls DOWN

America’s roads and bridges need serious attention, but where’s the money going to come from?

By Matt Sundeen
October/November 2007

The catastrophic collapse of the I-35 bridge over the Mississippi River in August sent shockwaves that reverberated well beyond the immediate vicinity of Minneapolis-St. Paul. The deteriorating condition of the country’s network of highways, bridges and rail lines is a problem that has long concerned transportation experts. For most, the bridge collapse was a call-to-action to fund overdue improvements  and fix the nation’s aging transportation infrastructure. Although many federal, state and local lawmakers agree repairs are needed, what the appropriate response should be continues to be a matter for debate.

Increased Demands
Rapid growth in population, personal travel and freight movement has put stress on the nation’s roads and bridges and outpaced efforts to maintain and improve the system. Put simply, more people are traveling more miles than ever before. An estimated 300 million people now live in the United States, and since 1990, highway travel has increased 35 percent. Trade with Asia and South America has increased shipments across all transportation modes, and the Federal Highway Administration predicts that freight traffic will double by 2020.

Greater use has caused wear and tear on our roads and bridges. According to the Federal Highway Administration, 33 percent of America’s roads are in poor or mediocre condition, and 26 percent of America’s bridges are structurally deficient or functionally obsolete. Experts caution that major failures similar to the I-35 bridge collapse are, however, unlikely.

“It’s a rare problem,” says Federal Highway Administration Spokesman Doug Hecox. “It’s undeniable that the infrastructure is aging. But if anything, bridge inspection programs over-scrutinize. It wasn’t any shortcoming in the inspection process.” States inspect every bridge at least once every two years, and some deteriorating bridges more frequently, according to FHWA officials.

The larger concern may be the everyday problems caused by poorly maintained infrastructure. Road conditions are a significant factor in approximately one-third of traffic deaths, killing approximately 14,000 people every year. Driving on bumpy roads and bridges, falling concrete, and potholes cost U.S. motorists an estimated $67 billion a year in extra vehicle repairs and operating costs—as much as $333 per motorist. Outdated facilities can handle fewer vehicles at slower speeds, creating traffic congestion and costly delays. Old roads or bridges might also be functionally obsolete—designed for smaller populations and unable to meet the current needs of an expanding community.

Funding Running Dry
Considerable money is needed not only to maintain current conditions, but to make improvements to meet growing demands. But transportation funding resources are shrinking. A 2005 report by the National Chamber Foundation concluded that total annual transportation spending from all levels of government is now $42 billion short of the amount needed to maintain and $91 billion short of the amount needed to improve the transportation network. The report estimated a $1 trillion cumulative transportation funding shortfall from all levels of government by 2015.

Much of the problem in transportation funding can be traced to the declining value of the gas tax against inflation. Motor vehicle fuel taxes are the primary source of federal transportation revenue and a transportation funding staple in most states. But with gasoline prices hovering near $3 per gallon, few lawmakers have been willing to raise motor fuel tax rates. Over time, that’s meant that gas tax revenues can’t keep pace with the rising costs of construction, materials and labor.

During the last decade, the federal gas tax lost approximately 25 percent of its real value against inflation. Most experts agree that federal gas tax revenues deposited in the Federal Highway Trust Fund—the primary source of federal transportation funding sent to the states—will be insufficient to meet obligations in three years. Unless the problem is solved, much of the burden for fixing transportation problems may fall to the states.

“States have a justifiable concern about funding,” says the Federal Highway Administration’s Hecox. “We shouldn’t bank on gasoline for the trust fund. New ideas are needed, and it’s critical we nail down the funding issue now.”

But states have their own funding challenges. Only a handful have raised gas tax rates sufficiently to keep pace with inflation. State general funds are increasingly consumed by big ticket items such as Medicaid, K-12 education and corrections, and little money is left for transportation needs. State lawmakers are exploring other traditional revenue sources such as tolls and transportation-related fees. But toll and fee changes often face the same political hurdles as gas tax increases and may not provide sufficient money to cover needs.

Debate on Solutions
In Minnesota, legislators want to make sure that the I-35 bridge collapse doesn’t divert them from finding solutions for long-term transportation funding. Lawmakers want to ensure the immediate safety of their constituents, but also worry that the tragedy will take attention away from broader transportation concerns. In the past two years, Governor Tim Pawlenty has vetoed legislation to raise the state’s gas tax to pay for transportation needs. Recently, he’s signaled that he may now be open to it.

“We’ve had a lot of negotiations, but we aren’t getting anywhere,” says Representative Bernard Lieder, chair of Minnesota’s Transportation Committee. “The transportation issue is resonating because of the bridge collapse, but we can’t divert all of our attention just to bridges. We’ve got to have a total transportation bill that includes highways and transit and involves local jurisdictions.”

Other states are also exploring solutions to specifically address bridge and road conditions. Missouri Governor Matt Blunt called a special session this summer during which legislators passed an ambitious plan to build or repair 802 bridges in five years. The new legislation allows construction groups to bid for the entire 802 bridge project and then provide maintenance for 25 more years.

Missouri House Transportation Chairman Neal St. Onge, the primary bill sponsor, says the Minnesota tragedy helped bring light on a long-standing problem in his state. “Missouri has some serious infrastructure problems,” says St. Onge. “This bill will speed up repair and save money. But, it’s important to also remember that it will vastly improve safety.” Missouri has 1,000 bridges, according to St. Onge, that are structurally deficient or functionally obsolete. “You can’t put a price on safety,” he says.

Other states that were already exploring comprehensive transportation plans and different funding alternatives will likely step up efforts in sessions next year. Many lawmakers are closely watching a pilot project in Oregon that is testing whether the state could replace the gas tax with a fee based on actual miles traveled. Proponents believe the “vehicle miles tax” more equitably charges motorists for highway use and helps compensate for the loss of gas tax revenues caused by hybrid and more fuel efficient vehicles. Critics worry that GPS technology used to track vehicle travel under the program could jeopardize privacy. They also charge that the new tax diminishes the incentive to use hybrids and other high mileage vehicles.

States are also considering initiatives like ones passed in Indiana and Chicago to sell leasing rights to operate transportation assets—such as toll roads and bridges—to private entities. “A lot of states wish they could do this,” says Indiana Senator Tom Wyss who, in 2005, spearheaded legislation that authorized the sale of a 75-year lease to operate the Indiana Toll Road to a private entity for $3.8 billion. “This paid for our entire transportation program. It was a win for everyone.”

The concept is not without controversy, however. Critics worry that such leases cede too much responsibility for public assets to the private sector and could hamstring future transportation funding efforts. Similar privatization proposals have been at least temporarily rejected in New Jersey, Pennsylvania  and a half dozen other jurisdictions.

Beyond State Funding
In addition to appropriating state money, state legislators have other options for shaping transportation programs. “Personal legislative involvement is always good,” says the Federal Highway Administration’s Hecox. “Highways aren’t a sexy issue. But more oversight and watchfulness should be encouraged.”

Minnesota’s Department of Transportation is developing a list of best practices in response to the I-35 collapse. The document will likely include recommendations for inspections and proficiency standards for bridge and highway inspectors. Legislators worried about bridge conditions in their state can push their own DOT officials to standardize inspection practices or adopt more rigorous procedures.

State lawmakers can also make their voices heard in Washington, D.C. In August and September congressional committees conducted hearings to examine the I-35 bridge collapse and consider proposals to fund bridge repairs across the country. In coming months, federal lawmakers will begin work on a new transportation funding bill. The most recent reauthorization legislation—the Safe Accountable Flexible Equity Act—A Legacy for Users (SAFETEA-LU)—passed in 2005 and will expire in 2009. It included a record number of congressional earmarks that supported projects such as the infamous “Bridge to Nowhere” in Ketchikan, Alaska. The new legislation will significantly shape future transportation policy and will likely address concerns about the viability of the federal Highway Trust Fund. State lawmakers concerned about deteriorating road and bridge infrastructure have an opportunity to work with their congressional delegations to ensure that reauthorization legislation addresses state concerns.

“Transportation is not just a state issue,” says Minnesota’s Representative Lieder. “We need to find solutions with the federal government and local governments that address a wide range of concerns.”

Bridge Safety Facts

  • There are approximately 600,000 bridges in the United States, the District of Columbia and Puerto Rico.
  • The I-35 Bridge in Minnesota was 40 years old at the time of collapse. Nearly half (46 percent) of bridges in the United States are 40 years old or older. Approximately 29 percent of bridges are older than 50 years, and nearly 10,000 bridges are 100 years old or more. 
  • The National Bridge Inspection Standards (NBIS) requires biennial safety inspections for bridges longer than 6.1 meters (approximately 20 feet) located on public roads.  
  • Most bridges are inspected every two years. Those in excellent condition may receive exemptions from the NBIS standard. Bridges in poor condition may be inspected more frequently. Approximately 83 percent of bridges are inspected once every two years, 12 percent are inspected annually and 5 percent are inspected on a four-year cycle.

Groups Prepare for SAFETEA-LU’s Successor
Many in the nation’s capital and around the country are struggling in the waning days of the federal transportation act, SAFETEA-LU, to determine the vision and funding that will carry forward America’s transportation system. Organizations and commissions are preparing reports to help give new insights to Congress as SAFETEA-LU’s successor takes shape during the 2008 session.

With the support of NCSL and its sister organizations representing state and local policymakers, the National Academy of Public Administration (NAPA) has convened an Intergovernmental Forum on Transportation Financing. Policymakers and experts from national, state and local levels of government and academia are considering current roles and responsibilities of each level of government for surface transportation programs and addressing the intergovernmental issues involved with making transportation finance sustainable. The NAPA study is expected by the end of this year.

At the same time, the National Surface Transportation Revenue and Policy Commission, created by SAFETEA-LU and chaired by U.S. Transportation Secretary Mary Peters, has been conducting hearings around the country to examine the condition and future needs of the nation’s surface transportation system. The commission is exploring short- and long-term alternatives to replace or supplement the fuel tax as the principal revenue source to support the Highway Trust Fund over the next 30 years. Their report will be released by December.

SAFETEA-LU also created a National Surface Transportation Infrastructure Financing Commission. This group, formed in March, will conduct an investigation of future highway and transit needs, and current and projected Federal Highway Trust Fund revenues. It will look into the impact of possible changes in what kinds of cars people will be buying, fuel use and travel alternatives. These recommendations are due no later than March 2009.
— Jeremy D. Meadows, NCSL

Matt Sundeen is a transportation and funding expert at NCSL.  

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