Lege Trend: More Transportation Funds Without Raising the Gas Tax

California is working on a 3 tiered approach to transportation funding:

Tier One: The State     The state portion of transportation funding will be based in a $52 vehicle user fee.

Tier Two: Cities     Cities are turning to financing models to improve transportation funding.

Tier Three: Regional     Regional local governments are putting a 1/2 cent “quality of life tax” for transportation projects. it will require a 2/3 vote from local residents.

UT San Diego

Distracted Uber/Lyft Drivers Lead to New Lawsuits & 4 New Legislative Issues

Uber & Lyft are extremely convenient for passengers. Their ease stems from their apps which quickly bring transportation to you. As a result, Uber/Lyft drivers are glued to their apps awaiting new fares. This focus on the next fare is leading to distracted driving, new laws and law suits. 

In December 2014, a lawsuit was filed against a Lyft driver when the driver’s Lyft app was open when an accident occurred. In the same month, an Uber driver allegedly hit and killed a 6 year old in a San Francisco crosswalk.  These incidents raise the following policy and legal issues that are being addressed across the country:

  • Are Uber/Lyft drivers employees?
  • Are Uber/Lyft drivers independent contractors?
  • What liability does Uber/Lyft have when a driver cause an accident?
  • How do no texting laws and regulations apply to app use by Uber/Lyft drivers?

New York Law Journal

Texas Private Rail Proposal: Foreign Company. Eminent Domain. Transportation.

Its deja vu all over again. A foreign company finances a new transportation proposal. The foreign company has eminent domain authority. Opposition forms. Opposition gets stronger. The ultimate result: All eminent domain authority is repealed for the project.

10 years ago, it was Spanish Company, Cintra, and Trans Texas Corridor. Today it’s Japanese financed Texas Central Railway, which is proposing high-speed rail to connect Texas major metropolitan areas.  

Previous opposition to the rail had been rural land owners, but newly organized opposition group, NoTexasCentral.Com, is suburban and urban based.

Houston Chronicle Kuff’s World

12 States Likely to Raise Gas Tax in 2015. Surprisingly Bipartisan Group.

Tax experts say 12 states may likely raise the gas tax this year. It’s a bipartisan group, including:

  • Georgia
  • Idaho
  • Iowa
  • Michigan
  • Minnesota
  • Missouri
  • New Jersey
  • South Carolina
  • South Dakota
  • Tennessee
  • Utah and
  • Washington.

Special Commissions have been studying transportation funding in these states:

  • Georgia
  • Louisiana
  • South Dakota
  • Wisconsin

Governing 

How San Antonio is Trying to Keep Uber & Lyft

In December, San Antonio City Council passed new ride share ordinances that effectively shutter Uber and Lyft on March 1st. The ordinances are called the most restrictive regulation in the country. Why? Here’s what the ordinance does:

  • Charges a fee of $175 permit fee for drivers. (Houston charges $11; Austin $0)
  • Requires higher Insurance levels than taxis
  • Require a 10-fingerprint background check for drivers
  • Require third-party inspections for ride-share vehicles

Another contingent of new Council Members,  Alan Warrick and Roberto Treviño, wants to keep Uber & Lyft by:

  • Focusing on innovation
  • Stressing that retaining ride share will show the city is modern and ready for professional Millennials

San Antonio Express News   My SA on the December Ordinance  

California Proposes Driver Fee for Transportation Funding

California has a transportation funding shortage. Like Texas, the gas excise tax has not kept up with roadway needs as cars became more fuel efficient. 

The Speaker of the California House proposes an approximate $1 per week fee on drivers. The fee is expected to bring in about $1.8Billion per year dedicated to transportation. 

A variety of options exist as to how the fee will be assessed, including:

  • vehicle mileage fee
  • vehicle license fee
  • attach the fee to motor vehicle insurance

Private Rail Company is a Threat. 10th Amendment Invoked by Rep. Metcalf.

Put 800 people together, many of whom are conservative, and momentum builds to oppose a  private entity from using eminent domain to build a new transportation network.

What don’t people like about private companies using eminent domain?

  • Rep. Will Metcalf: 

    “I am not a happy camper,” said state Rep. Will Metcalf, R-Conroe, adding he is frustrated by the lack of transparency on the project. “They are moving forward and we need your help.

    “I don’t believe private enterprise should have eminent domain power. In regard to the 10th Amendment, I talked a lot about this during my campaign; we are living it here today. Federal overreach, they are bypassing us at the state, the county, and that is not OK.”

  • Former Montgomery County Judge: ” one of the biggest threats to the county I have seen in years” It’s extreme, folks.

  • Precinct 2 Commissioner Charlie Riley: Determined to stop the project

  • Rep. Mark Keough vows to stop the project

  • County Commissioners passed a resolution opposing the project.

The 10th amendment is increasingly popular symbol of federal intrusion. It’s like a rally cry for conservatives.  Montgomery County Courier