Highways

6 Reasons Why this Tax is a Crummy Way to Improve Illinois’ Roads and Bridges

6 Reasons Why this Tax is a Crummy Way to Improve Illinois’ Roads and Bridges

The political rhetoric on a possible new vehicle miles traveled (VMT) tax begs the question of whether or not this makes good sense on the merits. It doesn’t. The VMT tax is not a sound or fair way to fund Illinois’ transportation infrastructure.

Current gas tax revenues are insufficient to meet Illinois’ infrastructure needs. Oil companies, the trucking industry and a few politicians propose raising more revenues by shifting from gas taxes to VMT taxes, which charge drivers based on how many miles they travel. This would require installing a new onboard tracking device in every vehicle, and a new state bureaucracy to calculate taxes owed and assign revenues to appropriate jurisdictions.

If Illinois legislators believe that more funding is needed for infrastructure investments, then raising the gas tax is fairer, simpler and better policy. Twenty-seven states, including Indiana, Iowa and Michigan, have raised or reformed their gas taxes since 2013. Gas and other motor fuel taxes are: easily administered with existing mechanisms; capture revenues from out-of-state drivers who use Illinois roads so they pay their fair share for repairs and improvements, and effectively price carbon pollution while incentivizing cleaner cars that provide air quality improvement benefits for everyone. Here’s why the VMT tax doesn’t work well for Illinois.

First, a state VMT tax is unfair for “crossroads” states, like Illinois, with interstate highways used by millions of out-of-state drivers. Changing to VMT taxes would give a free ride to out-of-state motorists who now pay Illinois gas taxes to maintain the Illinois highways that they use. Why would Illinois policymakers want Illinois drivers to subsidize highway use for out-of-state motorists?

Second, current gas taxes are simple to administer at the pump and can be adjusted using existing mechanisms. The VMT tax would instead require installing new technology in personal cars and a costly new bureaucracy.

Third, the VMT tax would penalize modern new clean hybrid and electric vehicles that pollute much less than old internal combustion engine and diesel vehicles. These cleaner cars produce air quality, public health and other environmental quality benefits for everyone. With federal tax credits incentivizing purchases of electric vehicles, why create a new VMT tax system that charges people more?

Fourth, gas taxes price carbon to discourage greenhouse gas pollution and promote solutions. If you’re driving fuel efficient, low-polluting cars like the Chevy Bolt, Ford Focus, Nissan Leaf or Toyota Prius, then you’d pay the same VMT tax as someone driving a highly-polluting gas guzzler. Illinois won’t face a large erosion of gas tax revenues from electric vehicle market penetration for many years. There’s no real problem to solve now.

Fifth, heavy trucks that cause an extraordinary amount of road wear-and-tear could get off easy under VMT taxes. The Congressional Budget Office’s March 2011 report, in comparing gas taxes and VMT taxes, emphasized the disproportionately high road wear from trucks compared to miles driven: “Heavy trucks travel less than 10 percent of all vehicle miles, but their costs per mile are far higher than are those for passenger vehicles, and they are responsible for most pavement damage.”

Sixth, many people have sincere privacy concerns that VMT taxes require drivers to install tracking devices that enable governments to view their mileage, locations and time of travel. Pew Research’s February 2015 poll found that 67 percent of Americans said that “Not having someone watch you or listen to you without your permission” was “Very important” to them, with an additional 20 percent responding “Somewhat important.”

If legislators are reluctant to raise gas taxes, then why do they think VMT taxes would be any more popular? Illinois policymakers can support gas tax increases — as many states have already done — to improve transportation infrastructure. A VMT tax is the wrong tool to address Illinois’ transportation challenges.

This post originally ran in Crain’s Chicago Business. Read the article HERE

Daily Herald: In Transit: App for Route 53 Extension Feedback Takes Flak

September 3, 2018

In Transit: App for Route 53 Extension Feedback Takes Flak 
By Marni Pyke

If the Founding Fathers had used Poll Everywhere at the Constitutional Convention in Philadelphia — would the final result be a better Constitution?

It might have depended on how fast they could type.

Illinois tollway consultants are using Poll Everywhere, a web-based audience participation system, at meetings with a group of local officials and others advising the agency on whether to extend Route 53 into Lake County.

The question has roiled Lake County for years, dividing residents over weighty problems like right of way, traffic, pollution and cost.

At a meeting Thursday, those divisions extended to use of the smartphone app to conduct the meeting, with some opponents of the new highway saying the technology is silencing their voices.

“I am extremely frustrated with how the tollway has engaged the stakeholders overall,” said Mayor Joseph Mancino of Hawthorn Woods, which could be bisected by a Route 53 extension. “Not only is the application unstable at best, it severely limits our input and quite frankly is a bit insulting to the stakeholders who are forced to use it.”

The tollway “wants to be able to parse through and say, ‘this is what people said,’ but that’s not what you do at a meeting where you want to have stakeholder participation,” stakeholder and Environmental Law and Policy Center chief Howard Learner said.

 

READ FULL ARTICLE

PRESS RELEASE: Senate Democrats’ Infrastructure Plan Promotes Real Investments, Not Smoke & Mirrors

FOR IMMEDIATE RELEASE:

Senate Democrats’ Infrastructure Plan Promotes Real Investments, Not Smoke & Mirrors

 Proposal respects need for maintaining environmental laws in planning process

 

STATEMENT BY HOWARD A. LEARNER

EXECUTIVE DIRECTOR, ENVIRONMENTAL LAW & POLICY CENTER

In response to the Senate Democrats’ Infrastructure Plan proposal released today:

“America’s infrastructure needs modernizing and the Senate Democrats’ plan recognizes the only way to get there is with real investments – not smoke and mirrors,” Learner said. “The Senate Democrats’ infrastructure plan offers a roadmap without eviscerating environmental laws.”

“Smart infrastructure investments including modern higher-speed passenger rail and transit for better mobility and water system improvements are both needed to advance healthier clean air and safe clean drinking water for all,” Learner said. “This is a real opportunity for achieving job creation and environmental progress together.”

###

 

 

 

 

PRESS RELEASE: Federal Infrastructure Plan Promotes Pollution and Privatization

FOR IMMEDIATE RELEASE

Federal Infrastructure Plan Promotes Pollution and Privatization

 Proposal to gut environmental reviews from planning process is shortsighted, won’t save money

 

STATEMENT BY HOWARD A. LEARNER

EXECUTIVE DIRECTOR, ENVIRONMENTAL LAW & POLICY CENTER

 

In response to the Trump Administration’s Infrastructure Plan proposal released today:

“America’s infrastructure needs investment and modernizing, but gutting our environmental laws is the wrong way to get there,” Learner said. “President Trump’s plan promotes pollution and privatization.”

“Smart infrastructure investments including modern higher-speed passenger rail for better mobility and water system improvements that advance healthier clean air and safe clean drinking water for all,” Learner said. “The Trump Administration’s proposal goes in the wrong direction and misses the best opportunities for achieving job creation and environmental progress together.”

###

 

 

Illinois Times: ELPC’s Learner Says Federal Court Ruling on Illiana Should Finally End Proposed Toll Road

Illinois-Times-Logo

End of the Road for Illiana?
Controversial Toll Road Loses Second Court Battle
November 10, 2016
By Patrick Yeagle

A federal court struck down last week an environmental study used to justify a new tollway in northern Illinois.

It’s the second such loss in court for the controversial project, which was already suspended but still clings to life.

The Illiana Expressway is a proposed 50-mile, east-west toll road which would connect Interstate 55 south of Chicago to Interstate 65 in northwestern Indiana. The project is intended to relieve congestion on Interstate 80, 15 miles to the north.

Controversial from the start, the Illiana proposal has long been a priority for the Illinois Department of Transportation. Gov. Bruce Rauner says Illinois won’t spend more money on the project, but opponents say IDOT has continued to pursue it anyway.

The controversy is twofold: whether the road is actually needed and what effect it may have on Midewin National Tallgrass Prairie, a nearby national nature preserve.

IDOT has projected population growth of more than 170 percent by 2040 in the area surrounding the proposed road, but that estimate is contradicted by two other planning agencies which control federal funding in that area.

Meanwhile, the potential environmental effect of the project was the basis for a lawsuit filed in 2013 by the Midewin Heritage Association, the Illinois Sierra Club and environmental group Openlands. The groups sued IDOT and the Federal Highway Administration, saying the required environmental impact statement used to justify the project was flawed.

A federal court agreed in June 2015, ruling that the study overestimated the consequences of not building the expressway and failed to adequately consider the potential effects on the surrounding area.

While that lawsuit was pending, IDOT and the FHA continued pursuing the project, releasing a second “tier” of the environmental study which built on the first. On Oct. 31, another federal judge ruled that the second tier was invalid because it relied on a first tier which had already been found faulty.

Just before the first federal court decision in June 2015, Rauner vetoed funding for the project, saying that because of the “current fiscal crisis and a lack of sufficient capital resources, the Illiana Expressway will not move forward at this time.” A spokeswoman for Rauner referred a reporter to IDOT.

Still, IDOT continued to defend the environmental study in court, filing a document in October 2015 saying IDOT and its counterpart in Indiana would continue to revise the study.

Howard Learner, executive director of the Chicago-based Environmental Law and Policy Center, calls Illiana a “fiscal folly” which should have died long ago. ELPC represented the environmental groups for free in the lawsuit against the state.

Read More 

 

Chicago Tribune: Latest Illiana Tollway Federal Court Ruling Helps Further Unwind Project

Chicago Tribune

Environmental Groups Happy with Judge’s Ruling on Illiana Tollway Project

By Zak Koeske

vironmental groups that oppose construction of the Illiana Tollway are celebrating a second federal court judge’s ruling that the Federal Highway Administration’s 2014 approval of the bi-state project was invalid.

U.S. District Court Judge Charles Norgle found Tuesday that portions of the project’s proposal that relied on its already legally invalidated foundation also were invalid.

The environmental plaintiffs — Openlands, Midewin Heritage Association and Sierra Club Illinois — had challenged both the Tier 1 and Tier 2 environmental impact statements and the federal government’s “records of decision” greenlighting the 47-mile highway project through Will County.

The U.S., Illinois and Indiana transportation departments were named as defendants in the lawsuit.

Last June, a federal court judge ruled that the Federal Highway Administration’s approval of the Tier 1 portion of the project, which looked at broad issues like the location, mode choice and area-wide environmental impact of the alternatives under consideration, was “arbitrary and capricious,” and in violation of U.S. environmental law.

Norgle’s decision Tuesday found that the prior federal approval of the Tier 2 statement, which relied upon the invalidated Tier 1 statement, must also be invalid and was thus “no longer effective.”

“The federal district court has now twice ruled in favor of the environmental plaintiffs that the Tier 1 and the Tier 2 Environmental Impact Statements are legally invalid,” said Howard Learner, executive director of the Environmental Law & Policy Center, which challenged the tollway project in court on behalf of the environmental plaintiffs.

READ MORE

 

NW Indiana Times: Illiana Continues on Slow Road Through Courts

nwi times

Illiana Continues on Slow Road Through Courts
November 4, 2016
By Andrew Steele

The Illiana Expressway’s lingering presence continued this week with a court ruling affirming that federal approval of the project was based on a flawed and invalid environmental study.

But the decision by Judge Charles Norgle of the U.S. District Court of Northern Illinois leaves open the opportunity for the Indiana and Illinois departments of transportation to revise their environmental studies and continue pursuing the project.

The lawsuit was brought by the environmental groups Openlands, Midewin Heritage Association and Sierra Club. They asked the court to declare the Federal Highway Administration’s approval of the Illiana project’s Tier 2 environmental impact statement to be in violation of federal law. Approval of the Tier 2 EIS is the final step allowing a project to move forward.

But Norgle dismissed the case as moot, because the Tier 2 study was based on a Tier 1 study a federal court found to be flawed last year.

In that separate Tier 1 case, Judge Jorge Alonso ruled that the environmental assessment did not adequately consider the implications of not building the Illiana. Such a “no build” alternative is required by the National Environmental Protection Act.

And because the Tier 2 study “relied upon the invalid Tier 1 approvals,” Norgle wrote in his ruling this week, the plaintiffs’ success in the Tier 1 case “moots this (Tier 2 ) case.”

“To hear the Tier 2 case predicated on the uncompleted Tier 1,” Norgle wrote, “is akin to a farmer concerning himself with the quantity of chicken feed to purchase before the eggs have hatched.”

The Illiana Expressway would operate as a toll road stretching about 50 miles from Interstate 65 near Lowell to Interstate 55 in Illinois.

Illinois Gov. Bruce Rauner halted the project in 2014 amidst that state’s budget crisis. The Illinois Department of Transportation still considers the Illiana project “suspended,” a spokeswoman said earlier this month.

The Indiana Department of Transportation has taken on the responsibility of revising the Tier 1 EIS. An INDOT spokesman said Thursday that the agency expects to complete work by the end of the year, “allowing the project to remain on hold in ready status.”

But the Environmental Law & Policy Center, which represents the three plaintiffs, claim the ruling should end the Illiana project “once and for all.”

In a press release, the ELPC noted that Norgle’s ruling states that the Tier 2 EIS is “no longer effective.”

“Federal judges have now twice found the federal and state transportation agencies’ environmental reviews of the proposed Illiana Tollway to be invalid and illegal,” said Howard Learner, the lead attorney and executive director of the ELPC.

Read More

Crain’s Chicago Business: Illiana Corridor Whacked Again in Federal Court

Crain’s Chicago Business

Illiana Corridor Whacked Again in Federal Court

GREG HINZ ON POLITICS

A federal judge has stuck another knife into the just-barely-alive proposed Illiana Corridor.

In a decision released Nov. 1. U.S. District Court Judge Charles Norgle used terms such as “invalid” and “no longer effective” to describe a Tier 2 Environmental Impact Statement prepared on behalf of the project by the Illinois Department of Transportation and its Indiana counterpart.

IDOT had hoped to forestall a ruling. But Norgle held the EIS no longer is valid because of prior court action, so there is no controversy to consider.

Howard Learner, executive director of the Chicago-based Environmental Law & Policy Center and chief attorney for the groups that oppose putting a tollway between Interstate 55 in Illinois and Interstate 65 in Indiana, hailed the decision as one more nail in the Iliana’s coffin.

The ruling means IDOT and the Indiana agency “must start over their environmental reviews from the beginning based on much more realistic data and do it right without impermissible shortcuts,” he said. That will take time and money, and if done right, “would very likely show that the proposed costly Illiana toll way is not economically justified and is not environmentally sensible.”

READ MORE

Press Release: Victory on Proposed Illiana Tollway: Federal Judge Rules Transpo Agencies’ Environmental Studies “Invalid”

FOR IMMEDIATE RELEASE

NOVEMBER 2, 2016

Contact: Judith Nemes JNemes@elpc.org (312) 795-3706

Victory on Proposed Illiana Tollway: Federal Judge Rules Transpo Agencies’ Environmental Studies “Invalid”
Environmental Groups Call for End to Boondoggle Tollway

CHICAGO – A U.S. District Court judge yesterday ruled that state and federal transportation agencies’ approvals of an environmental impact statement on the proposed 50-mile Illiana Tollway is “invalid” and “no longer effective.”

Judge Charles Norgle of the U.S. District Court for the Northern District of Illinois’ ruled yesterday that the “Tier 2” environmental impact statement (EIS) is invalid because it was based on the initial Tier 1, which the Federal District Court declared illegal on June 16, 2015. The agencies’ Tier 1 EIS relied on improper methodologies to support the proposed Illiana Tollway in rejecting better alternatives. Their Tier 2 EIS relied on the flawed underlying Tier 1 EIS in then choosing among proposed corridors to build this proposed new tollway.

“Federal judges have now twice found the federal and state transportation agencies’ environmental reviews of the proposed Illiana Tollway to be invalid and illegal,” said Howard Learner, lead attorney and Executive Director of the Environmental Law & Policy Center. “The transportation agencies impermissibly skewed their environmental reviews from the outset to somehow justify the proposed new Illiana Tollway. Today’s court decision should end the boondoggle Illiana Tollway once and for all.”

“Today’s decision is a win both for good planning and for respecting environmental concerns while addressing transportation needs,” said Jerry Adelman, President and CEO of Openlands, one of the plaintiffs in the case. “We look forward to a genuine solution that honors our region’s beautiful and threatened natural areas and Illinois’ rich agricultural heritage.”

“We’re ready to work with local communities and leaders on transportation solutions that work while reducing traffic, allowing the Midewin to continue to grow as a major asset for Will County and our entire region, and create good jobs,” said Ann Baskerville, Conservation Organizer with the Sierra Club, Illinois Chapter, another plaintiff.

The transportation agencies prepared the studies in order to gain approval for the $1.5 billion proposed Illiana Toll Road, which has been assailed as economically unnecessary to the region and a likely endangerment to the Midewin National Tallgrass Prairie in Illinois. The defendant agencies include the U.S. Department of Transportation, the Federal Highway Administration, Illinois Department of Transportation, and Indiana Department of Transportation.

###

StreetsBlog: The Illiana Tollway is Becoming a “Zombie Highway”

StreetsBlog Chicago

October 10, 2016
Just in Time for Halloween: The Illiana is Becoming a “Zombie Highway”
by Steven Vance

A new filing in the court case against the Illiana Tollway – a proposed 47-mile highway through farmland and nature preserves that would cause exurban sprawl and lead to Illinois jobs being lost to Indiana — indicates that Illinois Governor Bruce Rauner may actually be in favor of the project. In recent years it looked like Rauner was making moves to kill the project, but now it appears the Illiana is becoming a so-called “zombie highway” project that just won’t die.

Here’s a rundown of how Rauner previously indicated that he was killing the project. In January 2015, the newly elected governor suspended spending on non-essential capital projects, including the Illiana. In the first week of June 2015, he said the Illinois Department of Transportation would remove the Illiana Tollway from its capital plan.

Two weeks later a federal judge halted the planning of the new tollway by ruling that the required Environmental Impact Statement was invalid because the study used the circular logic that the tollway would be needed because of new housing that would be developed along the corridor… due to the construction of the highway. In September 2015, the U.S. DOT dropped their appeal of the ruling, effectively pulling support for the project.

Now here’s how the state is either keeping the Illiana on life support or else trying to keep the zombie under wraps. In July 2015, Rauner authorized spending $5.5 million to “wind down” the project, and to pay for some litigation fees.

In April this year, the Indiana DOT said that they would pay for rewriting the Environmental Impact Study. However, IDOT spokesman Guy Trigdell said “the approach in Illinois has not changed” and “we are not pursuing the project.”

News last week shows that IDOT currently appears to have a greater involvement in the project than previously stated. The Daily Southtown reported that John Fortmann, an IDOT engineer, filed a statement in federal court that said “IDOT is working cooperatively” with the Indiana DOT to fix the problems with the EIS that made the court rule it invalid.

Continue reading here.

ELPC’s Founding Vision is Becoming Today’s Sustainability Reality

Support ELPC’s Next 25 Years of Successful Advocacy

Donate Now