Thoughts We Shared on HB 35’s CMGC, Force Account & CAT Revenue

Ohio Contractors Association President Chris Runyan comments on the OCA’s testimony to Ohio legislators regarding the HB 35: the ODOT Budget Bill.

Every other year, the state legislature grapples with ODOT’s two-year budget.  From mid-February to late-March is budget time, so OCA closely watches and comments on issues that arise during this process. This year was no exception, as we took advantage of the comment opportunity, just as we do every budget cycle, to publically address those topics contained in the draft language that we agree or disagree with, or just want to express an opinion on. Following is the testimony that was presented to the House and Senate. While this does not address every matter contained in the bill – and we are not given time to touch on every topic – it does highlight several issues that OCA wished to emphasize.

Read the full text of Mr. Runyan’s article here.

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A Major Opportunity to Improve Ohio Roads and Bridges

Two events during the past month have important ramifications for Ohio’s transportation infrastructure.  First, the American Society of Civil Engineers published its much anticipated 2013 Report Card for America’s Infrastructure. Second, Governor Kasich signed Ohio’s $7.6 billion, 2-year transportation budget. Together these events set the stage for significant transportation improvements in Ohio.

The ASCE Report Card provides political leaders, policymakers, business leaders, infrastructure stakeholders, the media and the general public with expert advice from the civil engineering community about the condition of infrastructure across the nation. The 2013 Report Card gives America’s road system a grade of D, up slightly from D- in 2009. The positive change resulted from targeted efforts to improve road conditions along with significant reductions in highway fatalities. Similarly, the overall grade for bridges increased from C to C+, a change attributable to a downward trend in the number of structurally deficient bridges. America is moving in the right direction but has a long way to go to maintain the best transportation system in the world.

Ohio Road ReportAt the state level, the ASCE Report Card indicates that 42% of Ohio roads are still in poor or mediocre condition. Likewise, 9.1% of our bridges are structurally deficient and 15.9% are considered functionally obsolete. These Ohio statistics remain about the same as they were in 2009. But as of April 1, we have a new Ohio Transportation budget – and the opportunity to make significant road and bridge improvements over the next two years.

The Transportation budget authorizes the sale of $1.5 billion in new bonds leveraged against turnpike toll revenues. This will generate as much as $3 billion for road projects statewide. Specifically, the turnpike runs across northern Ohio for 241 miles. And the transportation budget requires that 90% of the money generated from the bond sale be spent on road projects within 75 miles of the turnpike path. That covers a lot of ground and provides funding for substantial improvements to Ohio roadways.  The new budget – and the turnpike plan that is a key part of it – may not cover all the repair and restoration that our roads and bridges need.  But it sure gives Ohio the opportunity to make some real infrastructure progress.

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2013 Report Card for America’s Infrastructure expected this week!

The 2013 Report Card for America’s Infrastructure is scheduled for release on March 19.  Published every four years by the American Society of Civil Engineers (ASCE), the Report Card grades the performance and condition of America’s transportation, water and environment, public facilities and energy. In the transportation category, the 2009 Report Card included detailed statistics concerning the deterioration of roads, bridges, and public transit at both national and state levels. Here are some highlights and “letter grades” from the 2009 study:

  • D-”  One third of America’s roads are in poor or mediocre condition and 45% of major urban highways are congested. Current spending of $70.3 billion per year for highway capital improvements is well below the estimated $186 billion needed annually to substantially improve conditions.
  • C”  More than 26% or one in four of the nation’s bridges are either structurally deficient or functionally obsolete. A $17 billion annual investment is needed to substantially improve bridge conditions.
  • D”  Nearly half of American households do not have access to bus or rail transit,and only 25% have what they consider to be a “good option”. The Federal Transit Administration estimates $15.8 billion is needed annually to maintain conditions and $21.6 billion is needed to improve to good conditions.
  • D”  25% of Ohio’s major roads are in poor or mediocre condtion. When all Ohio roads are considered, 43% are in critical, poor or fair condition.
  • B-”  27% of Ohio’s bridges are structurally deficient or functionally obsolete. It is estimated that it would cost $3.6 billion to replace all the structurally deficient bridges and two-thirds of the functionally obsolete bridges in Ohio.

The much anticipated 2013 Report Card will bring news of progress – or continuing deterioration. Either way, the new study will provide a strong benchmark as we plan, budget, build and maintain a transportation infrastructure that will serve America – and Ohio – for decades to come.

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Change without force

In the February issue of Transcript, the ODOT Newsletter, Pieter Wykoff addresses the art of compromise – how ODOT and the Ohio Contractors Association applied it to the long-standing issue of force account limits and how their efforts will benefit motorists throughout Ohio. Here is an excerpt of Mr. Wykoff’s article.

If you follow national politics at all, with all the talk of fiscal cliffs and debt limits, you might notice the absence of a certain idea from our political discussions: Compromise. One definition of the word is to make a deal between different parties, where each gives up a part of their demands for the good of all involved. Another definition of the concept is finding agreement in the course of an argument through communication — a mutual acceptance of terms often involving variations from an original goal or desire.

“We’ve been fighting with ODOT over force account limits for nearly a century,” says OCA President Chris Runyan. He’s not kidding. The proof is in a 1928 annual report published by the Ohio Department of Highways.  It contains a debate on the use of day labor for projects versus contracting outside sources. The current law limits department personnel to bridge, culvert and traffic signal projects costing less than $50,000 and road repair projects costing less than $25,000.

“The current process is very subjective, depending on how you measure labor costs and the cost of equipment and materials,” Runyan said. “Every four years or so we have a very public battle in the Ohio Legislature with ODOT and other public entities about the force account limits and how they should be applied. Our members are tired of this fight.”

And so it was that Runyan decided to approach ODOT officials to see if both sides could negotiate a more objective process. He decided to propose a radical idea: a compromise. “We were looking for a different paradigm,” he said, “so that both our members and ODOT could say it will be a win-win situation for everybody.”

Runyan discovered that ODOT officials were willing to talk terms as well.

Read the full text of Mr. Wykoff’s Transcript article here.

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Raising the Gas Tax – Time for Discussion?

Ohio Gas Tax explainedA review of infrastructure news over the past year makes two things very clear. First, everyone agrees that highways and bridges in Ohio and throughout the country desperately need repair, upgrade or replacement.  Second, everyone understands that transportation infrastructure improvements come with a cost, but very few are willing to discuss raising the gas tax as a revenue strategy.  In fact, a Google News search for July-December 2012 using the search terms “gas tax increase” and “raise the gas tax” generates few results – literally one or two.  In comparison, the same keyword search for January 2013 to date produces many news stories from around the country.

Of course, 2012 was an election year and much of the post-election news focused on the anticipated fiscal cliff.  But whatever the reason, gas tax discussions have been percolating in many states since the New Year began.  Here is a sampling of recent newspaper articles and there are many more:

Vigorous gas tax debate and new legislative proposals are increasing around the United States which brings us home to Ohio.  We are a leader in creating innovative solutions for funding our transportation infrastructure.  For the very first time, we have utilized a Public-Private Partnership (P3) approach to fund and build Cleveland’s second Inner Belt Bridge.  And the Kasich Administration’s decision not to privatize the Ohio Turnpike will generate $1.5 billion in new state highway funds through bonds issued by the Ohio Turnpike Commission and supported by toll revenues.  With matching federal and local funding, a total of $3 billion will be available for major highway construction projects in Ohio.

The P3 and Ohio Turnpike decisions are bold, innovative solutions for infrastructure improvement in our state.  But it is also generally accepted that the best long term strategy for infrastructure funding will generate revenue from a combination of sources.  While the current model of a fixed rate gas tax may be outdated, a modest rate increase with future adjustments indexed to inflation certainly merits consideration.  As we look ahead and envision a superior network of Ohio highways and bridges for years to come, shouldn’t the gas tax be part of the discussion?

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A New ODOT Budget Bill is in the Works

The proposed ODOT 2014-2015 transportation budget was submitted to the Ohio House of Representatives in early February.  The following post is abridged from Mr. Runyan’s commentary in the January/February issue of Ohio Contractor magazine.

In what seems like no time at all, we have arrived at the point in time where the Kasich Administration will be submitting a proposed transportation budget for ODOT. In addition to the overall funding direction for the next two state fiscal years, there are a number of policy items that the Ohio Contractors Association already anticipates will be included in the bill that will be of interest to the heavy/highway community.

OCA has worked with ODOT for the inclusion of modifications in defining the amounts of performance and payment bonds. Presently, the amounts of these bonds are based on the state’s estimate amount. We have secured the concurrence of ODOT in supporting a change to set the bond amount equal to the contract price amount.

In an earlier edition of OC magazine, I wrote on the evolving contractual concept of Construction Manager/General Contractor (CM/GC). ODOT intends to include language in the budget bill to allow one pilot project to be administered, designed and constructed using this new project management and construction philosophy. This pilot project will be monitored closely to determine if there are, in fact, financial and operational benefits over the traditional design/bid/build methods.

Recommendations on the Ohio Turnpike operations study were recently announced. To the surprise of many, it was decided by the Kasich Administration to retain the current Turnpike Commission structure and permit turnpike toll revenue to secure bonding for projects that are not located on the turnpike. In their pre-announcement briefing, ODOT stated as much as $1.7 billion worth of projects can be directly financed with the use of these bonds. OCA will be supporting the administration’s effort to change current law so that turnpike-generated revenue may be expended for highway and bridge purposes off the current turnpike alignment.

OCA and ODOT have arrived at an agreement to fundamentally change how force account limits are measured on many projects that are performed by the ODOT workforce. In lieu of dollar limits, size limits will determine if the work can be performed by ODOT forces or must be contracted out for: bridge replacement, widening or deck replacement, culvert replacement or asphalt paving.

Recently, the Ohio Supreme Court ruled that revenues generated via the Commercial Activity Tax (CAT) on motor fuel must be spent for highway and bridge construction and maintenance purposes along with several other uses as stated in the Ohio Constitution. This ruling will require a change to the sections of Ohio law that define how CAT-generated revenue must be spent. Our hope – and efforts – will be to urge the legislature to direct those funds to road and bridge construction as prescribed by the constitution and affirmed by the Supreme Court.

These represent five major issues we plan on addressing in the upcoming legislation. No doubt other topics, offered by other sources, will arise. We will be evaluating each of these closely for their impact to the heavy/highway construction industry and responding accordingly.

Read the full text of Mr. Runyan’s article here

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U.S. Economy Continues to be Snake Bitten by Infrastructure

Infrastructure Insight -

If it was a snake, it would have bitten us by now.

  • A power outage at this year’s Super Bowl delays one of the world’s biggest sporting and most-viewed televised events
  • U.S.ports are bypassed for Canada because the nation’s ports lack ability to handle “new breed mega ships”
  • Mississippi River barge traffic is routinely halted by shallow water levels and lock/dam failures
  • I-35 West Minneapolis bridge collapses
  • One third of air travelers experience late arrivals/departures or diverted/canceled flights

U.S.infrastructure failures are occurring right under our nose, but for some reason leaders aren’t taking notice. The result is an economy more and more snake bitten. Two separate reports – one by the American Society of Civil Engineers (ASCE) and the other by Building America’s Future – released two days apart in January shed light on the dimming conditions.

Calling infrastructure the “lifeblood of our economy” and the “foundation for assuring a high quality of life for all Americans,” ASCE President Gregory E. DiLoreto’s group said if the U.S. increases its infrastructure spending by $1.25 trillion over the next eight years it would save $3.1 trillion in gross domestic product, $1.1 trillion in trade and 3.5 million jobs. The $157 billion more a year over the next eight years in infrastructure spending would be in addition to the $207 billion a year the nation is expected to pay for infrastructure through 2020.

According to the ASCE, current U.S. policies will under fund surface transportation, waterways, the electrical grid and sewers by about $1.1 trillion over the next eight years. By not increasing infrastructure spending, American households and businesses will suffer $611 billion and $1.2 trillion in costs, respectively.

This continued neglect of the nation’s infrastructure has already cost the U.S.on the world level. A bipartisan report by Building America’s Future states: “Our competitors tore a page out of America’s success story, applied the lessons to their own systems and challenges, and now they’re sprinting ahead of us.”

Once heralded for its world-class infrastructure, the U.S.’s current “striking lack of vision,” according to the Building America’s Future report, has it falling in the global ranks:

  • U.S. rail infrastructure ranks 18th by the Economic Forum
  • U.S. air transportation is 30th behind Malaysia and Panama
  • The eight largest U.S.ports, combined, handle less cargo containers a year than the Port of Shanghai
  • With only two East Coast ports able to serve the modern-day larger ships, cargo from China heads to Canada instead

What makes the nation’s worsening infrastructure even more incredulous is that as much as 60 percent of U.S.-made products are exported. The U.S.economy is based on exporting products and it can’t do it.

“Other countries are building their ports and modernizing their ports, and making it so that once you get (goods) into port you’re able to move things around the country,” said Building America’s Future President Marcia L. Hale. “We can’t export unless we find a way to move these goods that are made in the United States to our trading partners.”

While countries are investing in infrastructure even in hard economic times – because they’re looking at the long-term benefits – the U.S. is spending about what it did on infrastructure in 1968 when adjusted for inflation.

Building America’s Future recommends greater infrastructure investment, utilizing federal funds on projects designed to ease bottlenecks and expand capacity at ports and key junctures, forming an infrastructure bank and encouraging innovative approaches that will bring more private financing to public works projects.

Two reports released in the same week in January pointed out the nation’s infrastructure failings at the domestic and global levels, a third report released in February, two days after a championship game power outage, shows each American driver losing $818 annually due to wasted time and fuel sitting in congested traffic. Things are occurring right under our noses when it comes to the nation’s infrastructure – and economically it has already bitten us.

 

For more information on the ASCE and Building America’s Future reports visit www.asce.org/failuretoact/ and www.bafuture.org/report.

Contractors Association Supports Gov. Kasich’s Turnpike Proposal

Provides funds for critical construction projects, creates new jobs

COLUMBUS, Ohio – The proposal by Gov. Kasich’s Administration to keep the Ohio Turnpike in state control while issuing bonds to raise $1.5 billion to fund critical new construction is the kind of innovative thinking that will continue moving Ohio forward, said Chris Runyan, president of the Ohio Contractors Association.

“The governor listened to the people of Ohio,” Runyan said. “He did what he said he would do at the beginning of this process – gather as much data as possible, study it carefully, and reach decisions that are best for all Ohioans.”

Runyan said his membership, which includes contractors in all regions of the state, is excited about the Ohio Department of Transportation and the Ohio Turnpike Commission (OTC) working cooperatively together to address the state’s infrastructure problems.

“Being able to have these two agencies work collectively to address transportation issues is a huge step forward for the state,” Runyan said. Under the governor’s plan, the OTC will remain an independent agency, but the two agencies have pledged to work collaboratively on projects outside the OTC’s traditional role.

“The state faces a $1.6 billion deficit when it comes to highway projects,” Runyan said. “This program is an extremely important step toward addressing that.Ohiois a national logistics leader and it can’t be stressed enough that we need to keep that position.

“It’s exciting for the construction community as well. It provides job opportunities that the industry creates and it also improves the transportation infrastructure because of this additional funding,” Runyan added.

OCA, based in Columbus, is a statewide association of more than 450 member companies representing Ohio’s heavy-highway and utility industries.

Download the complete text of today’s release here.

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Contractors Back Ohio Supreme Court’s CAT Decision

There is great news today for Ohio residents as well as the many contractors that keep our roadways in shape!  The Ohio Supreme Court has ruled that Commercial Activity Tax revenue derived from motor fuel sales must be used for the construction and maintenance of highways and bridges.  In a lawsuit heard by the Court last July, a group of businesses contended that Ohio was violating the state constitution by directing approximately $140 million collected via the CAT on motor fuel sales to non-highway purposes including local governments and schools.  Here is an excerpt from today’s news release:

COLUMBUS, Ohio – Saying it validates both the Ohio Constitution and the will of Ohioans, members of the state’s heavy-construction industry strongly support today’s Ohio Supreme Court decision that the Commercial Activity Tax (CAT) revenue derived from motor-fuel sale receipts must be spent in furtherance of highway purposes such as bridge maintenance and construction.

“We are pleased that the Supreme Court of Ohio affirmed the will of Ohio’s citizens when they voted in 1947 to restrict the use of revenue from any excise tax related to motor fuel to only the purposes of maintenance and construction of highways and bridges,” said Ohio Contractors Association President Chris Runyan. “Excise taxes like the commercial activity tax, which directly burdens the price of motor fuel, rightly should be a source of funding for this part of our society’s infrastructure that drives economic prosperity and quality of life. The Court’s decision confirms that right and memorializes it as a constitutional mandate. We are pleased the Supreme Court affirmed this right in today’s ruling. It is a victory for Ohio citizens and the rule of law.”

Read the complete text of today’s news release here.

 

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What Lies Ahead?

A Look at 2013’s ‘Big Ticket’ Items

It is hard to believe that we are getting ready to turn the lights out on 2012. In the most recent edition of Ohio Contractor magazine, I took a look at a number of the accomplishments OCA has worked on in the recent past. However, nowhere does anyone get to rest on their laurels for very long. As we look toward 2013, there are many upcoming endeavors on which to focus our attention.

2013 will be stepping off with ODOT’s budget followed by Ohio’s general revenue fund budget. Each holds the potential of impacting the heavy/highway industry.  In 2012, ODOT, under the leadership of Director Jerry Wray, has continued to push the envelope for operational efficiencies and funding alternatives. The recommendations for the future operations for the Ohio Turnpike will be announced this December, but the “how to” of implementing those recommendations will be playing out throughout 2013. Surely this will make for a lively debate centered on ODOT’s budget.

Other initiatives that were born in 2012 and will be carried into 2013 will include privatization initiatives, leveraging private funds for public projects, and the first-ever Construction Management/General Contractor (CM/GC) project.

In a nutshell, CM/GC brings the contractor, who is selected through a qualifications process, onboard early in a project’s development phase. The advantage is that the builder has input during the planning and design phases, thereby obtaining contractor input much earlier in the process. Once plan development has progressed to the point where construction costs can be established, ODOT would negotiate with the selected contractor for the final cost.

The big picture that must be kept in the forefront is that each innovation that is offered by ODOT presents the opportunity to shift operational funding into capital funding. This results in improved highways and bridges for the citizens ofOhioand more work for the heavy/highway community.

Read the full text of Mr. Runyan’s article here.

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