THE BLOG
01/29/2014 01:29 pm ET Updated Mar 31, 2014

ALEC's Half-Century Contract on the Boulder Highway, US 36

Have you ever wished to sign a 50 year contract?

Sounds like a major bummer. Even utilities seek contracts from city-clients that last only 20 years, although their finance projections for their coal plants can go 60 years. Fifty years, 60 years, 20 years, they all last longer than most marriages. But in a few days Colorado's Department of Transportation (CDOT) will sign a 50 year contract for the management of the Boulder Turnpike and its toll lanes, affecting transportation planning options from here to central Denver.

The long term contract is the fruit of a trend around the nation, decried by many, to invent "public private partnerships" also known as P3's, following a grand design crafted by former Colorado State Rep. Glenn Vaad, in the eagle nest of committee meetings he chaired with the American Legislative Exchange Council (ALEC). Yes, the same ALEC that writes pro-corporate model legislation with active state legislators, and yes, the same Glenn Vaad who's just been appointed to serve on Colorado's Public Utilities Commission (but is not yet approved by our Senate).

We should care that when the deal is signed for the 50 year concession for US 36, no one outside the immediate participants will have seen it, according to Ken Beitel with Friends of Colorado PUC and founder of the Drive SunShine Institute that promotes electric drive transportation and democratic process. Also, in coming weeks CDOT's special office called the Higher Performance Transportation Enterprises (HTPE) will pursue a P3 arrangement for many Colorado roads including a major overhaul of I-70 in Denver along with a maintenance and toll-lane agreement for it all the way up to Glenwood.

Gravely imperfect, this P3 plan can still help Colorado. With the recession and the increasing efficiency of all manner of vehicles, the state gets less in fuel taxes for roads each year. According to Boulder councilman Macon Cowles the national gas tax has been frozen since 1993 and in polls Coloradans have said, "Not just no but hell no" to taxation for roads, and now there's global competition for many materials used in highway construction which means to Cowles, "On transportation we're in a very bad spot."

So, allowing private companies to invest in our roads to profit from the toll lanes can bring fast relief to dangerous bridges and other binds. In 2009 Governor Ritter signed the FASTER bill, empowering CDOT to seek out and enter private-public P3 contracts to bring funding into transportation projects. The governor's press release says that governments affected by the user fees can veto the projects, but how much scrutiny do they really get? And what about down the road of those long 50 years?

Review groups such as USPIRG have noted in particular that P3's usually include "non compete" clauses to keep localities from building effectively competitive roads that might lure cars away from the toll lanes. Is that ALEC's game -- to talk about competition while ruling it out in the contract? Remember: 50 years.

Boulder Mayor Matt Applebaum explained by phone some key problems in developing the contract. First, he said, it's still not clear whether there's a non-compete requirement in the contract. Also, CDOT didn't want to put in very much money to the turnpike upgrade, Applebaum said, which means that overflow revenues intended to go back to communities in the US 36 corridor will arrive later. To counter this, it has been suggested by the Plenary Group managing the highway that instead of allowing pairs of people to drive free in the HOV/toll lanes, groups of three minimum will be allowed to use the HOV/toll lanes which means pairs wanting access to that faster lane will have to pay. (Most lanes on US 36 will remain free.) The 3+ standard has been seen as a rip off to the public, however it remains plausible that the number one factor in upping the cost of a long drive is the fuel efficiency of one's car in any lane.

It's not clear if this P3 arrangement and its hidden details will be as bad as feared -- or as silly as featured by ALEC's own daft positioning when ALEC announced their idea of "true economic stimulus." Prominently quoting its Commerce, Insurance, and Economic Development Task Force Chair Rep. Glenn Vaad, it touted its newest initiative, "Publicopoly" to help states to shift government programs to private sector competitive bidding, with a special focus on transportation. About as subtle as "Unsinkable Titanic", the term "Publicopoly" seems clear enough: let private interests grab monopoly control over public sector functions.

In Boulder we know a lot about monopoly grip over critical infrastructure that drives the heating of our climate, bumping weather into the unprecedented ferocity of the fires, floods and droughts suffered in Colorado, and we in Boulder voted three time to wriggle loose of XcelEnergy's fossil fuel electric system. We in Colorado should recall what we know about ALEC: it has been trying to unravel states' renewable energy standards and prompted voter-ID laws that have been ruled unconstitutional in three states, among many other vexing initiatives.

Therefore we should seek public review and legislative approval of the P3 contracts being signed. Will they accord flexibility to the state to favor emission free transportation as more climate change comes barreling down upon us?

Also Colorado's Senate should find out who is really being served in the person of Glenn Vaad, a decorated ALEC committee chair who has thereby taken scholarship money from XcelEnergy and faced ALEC's robust discipline that nearly foisted a loyalty pledge on its legislator members. Last but not least, the Senate should explore how Vaad's committee member at ALEC, Geoff Segal of MacQuarie Capital, came to be a financial adviser (see page one) to the state of Colorado for creating a P3 for the over $1 billion improvement to I-70.