Toll-road monetization:
July 13, 2007
BY ABIGAIL CAPLOVITZ FIELD,
The Times of Trenton
New Jerseyans are concerned about plans to
"monetize" our toll roads, as reflected in polls,
letters to the editor and the anti-privatization
resolutions passed by 15 towns and four counties.
Last week, the governor tried to reassure everyone
by committing to monetization principles. While New
Jerseyans can relax a little, the governor didn't go
far enough for the public to let its guard down.
The governor's promise had eight parts: 1) no
sale or lease of our roads to a private company; 2)
proceeds will be spent only on debt and capital
projects, with unspecified "safeguards" against
spending the money on other things; 3) a general
assurance that New Jersey will make money both
initially and from ongoing operations; 4) no
worsening of safety, maintenance and operation
standards; 5) sufficient funds for capital
transportation projects; 6) preservation of current
labor policies; 7) public and predictable toll
schedules; and 8) public meetings in each county be
fore a deal happens.
The good news: the governor's principles mean
that the Indiana and Chicago debacles won't happen
here. With very little public discussion, those
places sold their toll roads to profit-driven
private operators for far less than they are worth.
In contrast, Gov. Corzine's principles reject
privatization and commit to some public process.
The governor's rejection of privatization is
particularly important. Our toll roads are the most
valuable in the country and private investors are
particularly eager to buy them. With our nearly
worst-in-the-nation financial situation, the
pressure to accept privatization's short-term
payoff could be hard for officials to resist. The
governor's move is particularly heartening given
that many worried that our
Wall-Street-Titan-turned-governor would be too
receptive to investors' overtures. His commitment
to public ownership sends a powerful, positive
message that will reverberate nationally.
The bad news: the governor's principles are not
enough. For New Jerseyans to have confidence in
where he's headed, the governor needs to make the
more substantial commitments that NJPIRG (New Jersey
Public Interest Research Group) has sought for
months: public control, not just public ownership;
fair value, not just lots of money; full
transparency and accountability, not just town
meetings.
These additional assurances are critical because
history shows that the monetization of state assets
can deliver less than promised. The last time New
Jersey created a public company to monetize a
long-term asset was the tobacco settlement
securitization. The state received only 44 cents on
the dollar and spent the money without solving our
financial crisis. Will a public Turnpike deal be a
similar financial boondoggle?
The governor's principles wouldn't stop it. The
closest the principles get to promising fair value
for our roads is: "New Jersey citizens will retain
... the benefits from both initial proceeds and
ongoing operations." That doesn't en sure that the
total payments to the state will be close to the
value of our tolls. Another principle suggests there
will be protections against wasting the deal
proceeds. But without specifics, it's not clear how
-- or if -- the protections would work.
Just as the public tobacco settlement
"monetization" failed to deliver fair value or
long-term financial benefit, the infamous Schools
Construction Corporation (SCC) showed how a public
corporation can be opaque and unaccountable. A 2005
investigation by the Office of the Inspector General
found the "SCC ... suffers from a wide range of
internal weaknesses that ... make the agency
vulnerable to mismanagement, fiscal malfeasance,
conflicts of interest and waste, fraud and abuse of
taxpayer dollars." To date, the SCC has spent $8.6
billion without getting its job done or being held
accountable.
In light of the tobacco settlement monetization
and the SCC, Gov. Corzine's promise that New Jersey
will protect the public by retaining ownership of
our roads is insufficient. Public control is what's
needed. The public must have input into
transportation policy and a way to hold post-monetization decision-makers accountable.
Consider toll policy. The governor's principles
declare that toll schedules will be "open,
predictable and available to the public." That's
important but doesn't indicate who will make the
toll decisions. Tolls are more than a cost-of-
living issue; they affect our quality of life by
shaping how many drivers divert to local roads, use
E-ZPass, carpool, take mass transit or shift
commuting times. Setting toll rates to maximize
revenue probably won't maximize our quality of life.
So what input will the public have, and who can it
hold accountable for final decisions?
Until a deal is finalized, the governor's
commitments to public process for pursuing a deal
are paramount. His principles promise "substantial,
open and public discussion" with meetings in each
county. That's better than what transpired in
Indiana and the recently aborted process in
Pennsylvania, but it's not enough. Where are the
promises to disclose the deal's details before the
meetings and to respond to what the public says?
For informed comment, the governor must release
the plan's details, including any promises made to
investors, well in advance of the town meetings.
Disclosure should be complete, in writing and
available on the Web.
To ensure that the public is heard, NJPIRG calls
on the Legislature to hold an "up or down" vote on a
proposed deal's final terms, just as Congress
ratifies or rejects trade deals the president
negotiates. Legislators who must defend their vote
will listen closely to the public. Needing
legislators' votes, the governor will listen, too.
In short, while the governor's principles
constitute progress, New Jerseyans need much more.
Better than Indiana and Chicago isn't the same as
good for New Jersey.
Abigail Caplovitz Field is the legislative
advocate for NJPIRG.
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