Why are the Feds Bailing Out the Highway Privatization Industry?

by: Paul Rosenberg

Sun Feb 01, 2009 at 11:56


That's the question that Nathan Newman asks at TPM Café, and it's a damn good one:

At Progressive States, we've highlighted the potential and actual taxpayer ripoffs hidden in the industry siren song of selling off public assets like highways. States gets what looks like an attractive upfront payment, but lose in the long-term from lost toll revenue and lost democratic control of transit decisions....

I wrote about "public private partnerships" (P3) and the Gropenator's attempt to ram them down our throats in California for Random Lengths News a year ago, when he first tried to take advantage of the state financial crisis he helped to create.

I discovered it was a text-book example of the "disaster capitalism" Naomi Klein described in The Shock Doctrine.

Paul Rosenberg :: Why are the Feds Bailing Out the Highway Privatization Industry?
Nathan Newman continues:

The credit crisis has undermined the financial players who had been leading the charge on privatization, so they are looking for a bailout under the federal recovery plan.   As reported by Reuters, Morgan Stanley, Merril Lynch, and a number of other firms pushing "public private partnerships" -- the industry's preferred euphemism for privatization -- wants part of the stimulus package to flow to them. Their wish list includes federal rules to push privatization of  airports and highways, along with a national infrastructure bank to subsidize loans for private sector deals.

And the privatization industry appears to have already won one item on their wish list in the federal bill -- an obscure but profitable loophole exempting profits from "private activity bonds" issued by local governments used for infrastructure from the federal alternative minimum tax. 

The absurdity here is impossible to overstate.  For over 30 years, primarily thanks to the conservative "tax revolt", America has severely under-invested in its infrastructure. Then the conservatives come along and say, "Well, the government can't do anything, the people are already over-taxed.  Let's let private business help us out!" Which only means it will be that much more expensive for future generations.  That's a conservative "solution" for you!  Only now that we're in an economic crisis, and spending taxpayer money is no object, they want us to spend that money bailing out the privatizers, so they can soak us again in the future!

"Beyond Chutzpah," indeed!

Just to get an idea how badly under-invested we are in our infrastructure--again, primarily because of the conservative "tax revolt" of the past 30 years--the American Society of Civil Engineers has just issued a new report card showing a needed investment of $2.2 trillion dollars.  Here are the grades on the report card:

Aviation D
Bridges C
Dams D
Drinking Water D-
Energy D+
Hazardous Waste D
Inland Waterways D-
Levees D-
Public Parks & Recreation C-
Rail C-
Roads D-
School D
Solid Waste C+
Transit D
Wastewater D-

In my Random Lengths story a year ago, I wrote:

On November 27, Schwarzenegger gave a speech at USC where he touted a major privatization initiative, to be fully unveiled in his State of the State speech in early January.  Not content with the mere $37 billion in infrastructure bonds just approved by voters last year, Schwarzenegger returned to his grandiose blockbuster roots, envisioning projects more than ten times as expensive.

"We need 500 billion dollars in infrastructure over the next 20 years to really catch up with the losses that we have seen over this last 30, 40 years of not building enough infrastructure." Schwarzenegger said. "So of course when you look at those numbers you know that there's not enough money out there in the public sector, in the tax base.  We could never afford that. And this is why I have been promoting public-private partnerships. [P3s]"

There are just two problems here.  First, as historian Robert Cruickshank [aka "Robert in Monterrey" aka "Eugene" at Dkos] noted in a December 9 LA Times Op-Ed, "California's infrastructure backlog -- including schools, waterworks, freeways and transportation -- is largely the product of 30 years of cutting taxes instead of attending to the basic needs of a growing economy and population."  A problem produced by cutting taxes can hardly be solved by more of the same.

This brings us directly to problem number two. Schwarzenegger's favorite example he says that California should follow is British Columbia (BC).  But in early October, Larry Blain, chief executive officer of Partnerships BC, the organization created to oversee BC's P3s, told a conference here in California that P3s do not produce a new source of money.

"Clearly all the money is coming from the government," Blain said. "It's debt of the province, whether you borrow it as bonds, or contract over a 35-year period."

State Senator Alan Lowenthal made the same exact point. "You're not getting something for nothing. The public will ultimately pay for it," Lowenthal said, which is why the plan wouldn't go far with the Democratic legislature. "It just seems like another pyramid scheme to me," he added.  

In true ideological fashion, P3s were being pushed then because we didn't have enough public spending, but private funds were plentiful, and they're being pushed now when we have hundreds of billion in public spending, and private funds are non-existent, even after giving the banks & the rest of the financial sector trillions of dollars.

If Obama wants a prime example of ideology to fight against--ideology that definitely doesn't work.  This would have to be it.

And even with all the might of the rightwing noise machine, it's not exactly wildly popular, either, as Progressive States notes:

Public Opinion and Public Interest Groups Show Strong Opposition to Road Privatization

Our partners at U.S. PIRG have compiled a wealth of information regarding the pitfalls of road privatization.  This section of our dispatch relies heavily on their research and policy work, and we urge readers interested in transportation privatization to explore the resources available on their website.

In a recent memo, U.S. PIRG summarizes survey results of public opinion on road privatization.  

   * 84% of those polled by the National Association of Realtors and Smart Growth America oppose the privatization of public roads and highways.
   * Surveys from several states that have approved or proposed public highway lease deals had similarly negative results.
   * In August 2008, only 29% of Pennsylvanians supported the proposed leasing of the Pennsylvania Turnpike to private investors.
   * Last year, 61% of voters in New Jersey opposed leasing the state turnpike, and that number went up to 85% among voters who self-reported as being well-educated about the details of the proposal.

So, (a) ideological, (b) foolish, (c) wildly expensive, (d) wasteful, and (e) unpopular.

You think Obama and the rest of the Versailles Dems could take a stand against this?


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Pinochetism (4.00 / 5)
Chicago school fun for the whole family

Taxes are bad mythology (4.00 / 3)
Much of this is rooted in the whole taxes are bad mythology.  If roads are privatized, tolls (even much higher tolls) don't get associated with taxes.  It is part of the private sector thereby A-OK, kosher, certified prime Friedmanesque baloney.

Nobody goes into efficiency or bang for the buck because taxes are ipso facto bad and the private sector is good.  Crony capitalism and ripping off the public are bad.  Period.


It seems like public opposition killed this in NJ (4.00 / 1)
Democratic (sigh) Governor Corzine pushed it hard, but had to abandon the plan.

Incidentally, a good parallel is the bizarre scheme by which transit agencies sold their trains and rented them back.  Since it turned out the deal was pretty good, the private groups are using the collapse of AIG to demand huge payments that are devasting the agencies.


New Jersey politics at Blue Jersey.


The failed Orange County Toll Road Experiment (4.00 / 1)
The failed Orange County Toll Road Experiment

I'm currently completing a six-part series on the failed toll road experiment in The OC, where much of the failed ideology of the piratization movement was developed after the first wave of anti-tax zealots triumphed.

Like much of what Naomi Klein exposes, an alleged success is actually a dismal history of failure.

www.ocprogressive.com


Thanks, I'll Take A Look (4.00 / 1)
I had originally planned to write a few paragraphs about that in my story last year, as not only had I followed these misadventures from neighboring LA County, I had actually traveled next to the 91 toll road many a time, visiting my father in Hemet.

In the end, however, only a brief mention remained.  I just had to keep some reminder in the picture:

A more limited, but equally disastrous record here in California leads State Senator Alan Lowenthal to dismiss Schwarzenegger's plans out of hand.  There might be individual projects where a P3 makes sense, but "the devil is in the details" Lowenthal warns, which is why a $500 billion blank check will never pass the legislature.  

Lowenthal points to the Orange County experience with SR-91 as an example with multiple problems, which was eventually bought back. Among other things, the project actually limited the development of other projects, since the private company got Orange County to agree in advance, "they would not build anything to compete with it"-the sort of proviso that became notorious in Australia with the Sidney Tunnel.

So, I look forward to reading what you have to say about it.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
This is historically consistent (4.00 / 4)
Privatization almost always leads to these results. I rather like Aeolus' use of the word "piratization," since that seems more accurate. Why don't we just outsource management of these things to Somali pirates?

It's always been a scam. Always will be a scam.

Here in San Diego, the mayor is STILL pushing privatizing most of city government. Of course, people here are stupid enough to go along with it and when it fails, they'll still find a way to blame libruls and environmentalists for the systemic failure when it happens. (end sarcasm)

The Vichy Dems (Gilliard's term, which I still like a lot) will go along with this, because they stand to make money off of it. They're going to forfeit the next generation's future to prop up zombie banks ($4 TRILLION worth), but "fiscal discipline" becomes an issue when it comes to the real economy?

The question answers itself.

When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that glorifies it.

-- Frederic Bastiat, "The Law", 1850


There's A Neat Symmetry Here (0.00 / 0)
As you say, for us, the question answers itself.

Whereas for them, the "answer" questions itself.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
All of the Obama transition DoT review leads were privatization advocates (4.00 / 3)
Suspecting that public transit took a hit in the stimulus package due to a power struggle between Wall Street privatization advocates within the administration (more than just Summers) and Oberstar, DeFazio, etc,  I decided to take a closer look at the Obama DoT review leads.  

Lo and behold, all three are privatization advocates that stand to make lots of money from the next big Wall Street scam:  Privatization advocates led Obama transportation review effort


Damn! (4.00 / 1)
Great work.  In fact, if you'll republish that here, I'll frontpage.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3

[ Parent ]
definitely -- also, for most appointees Obama specifically mentioned "public/private" -- (0.00 / 0)
 -- he even did it when Gillibrand was announced too. He makes a point of it always.

http://www.observer.com/2009/o... --

... she worked to strengthen public and private partnerships to invest in infrastructure and New York's economy. ...
(that language is in so many appointments, from housing to education to ...)

and it's on his site too all over the Economy page and others too -- http://www.barackobama.com/iss...

Create a National Network of Public-Private Business Incubators
(and tons and tons about private business)

and don't forget Obama specifically said

90 percent of the jobs created or saved by his economic package would come from the private sector.
--

http://obamabarack.blogspot.co...


[ Parent ]
Just Be Careful (0.00 / 0)
Though I'm generally critical of the whole idea, there are clearly some exceptions, as when government partners with folks who need help getting off the ground, in part because the private sector is nowhere near the sort of level playing field that free market ideologues would have you believe. Thus, the general use of "public-private" language covers some things that make sense and don't rip off the public.  But P3s are specifically intended to rip off public assets, and are uniformly a bad, if not downright evil idea.  

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3

[ Parent ]
but the profits are never fed back in return, are they ? (0.00 / 0)
when private corps and venture capitalists invest and run incubators,etc, they get money back or own shares or parts of the company outright, no?

right now states already give tons and tons, in money and in tax breaks too, to companies of all kinds, new and existing -- not to leave the area, to build new facilities/bldgs, etc.

They never get any of it back in return nor do they demand a stake or anything.

Even if a state is giving money to something good and job-creating, if they're not getting anything back for their investment/seed money/etc, is it really worth it to us who are paying for it? Most startups are not big job creators for the most part, nor big taxpayers either -- esp at first -- and some never generate tons of jobs at all.


[ Parent ]
All I'm Saying Is (0.00 / 0)
(1) You have to be accurate.  There is both a generic and a specific meaning to "public-private partnerships".  You have to know which you are talking about.

(2) The specific term, called "P3s" for short, is always a scam, because the basic logic behind it is a scam.

(3) The generic term, though usually ranging from a bad deal to a scam, can sometimes be okay, particularly when we're talking about folks that wouldn't have much of a chance otherwise.  (I am not thinking of high tech incubators and the like here, which are almost invariably structured as bad deals.  These folks would be fine without government help, they're just looking to get as big a subsidy as they can possibly find.)

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
Thanks! (0.00 / 0)
The piece is re-published here:  http://www.openleft.com/showDi...

I'll keep writing more on this stuff at Eyes on the Ties.  I first started working through it as it pertains to the stimulus last week in this piece:  http://blog.littlesis.org/2009...

Thanks for your work on this.


[ Parent ]
Great! Promoted To The Front Page (0.00 / 0)
Thanks!

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3

[ Parent ]
LaHood advocated that we privatize too -- and there's a "Finance Coalition" pushing it as well -- (0.00 / 0)
Nominee for Transportation Dept. Urges Role for Private Sector -- http://online.wsj.com/article/...

... Speaking at his Senate confirmation hearing, former Republican Rep. Ray LaHood of Illinois said the widening budget deficits at the federal and state levels should lead government officials to take a closer look at allowing private investors to build, operate and maintain new toll roads and bridges. ...

Finance Coalition Touts Private Stimulus --
http://online.wsj.com/article/...

... A coalition of banks and private-equity firms is pushing for a greater role in reshaping the nation's infrastructure, hoping to capitalize on government budget deficits and a dearth of funds for transportation projects.

In a report due out Wednesday, a group including Morgan Stanley, Credit Suisse and the Carlyle Group says $180 billion of private capital is available for investment in highways, airports and other transportation infrastructure. The report says this money could help create millions of jobs, boost economic growth, reduce travel congestion and free up government dollars for other priorities.

"It's really a perfect fit with Obama's objectives," said Douglas Fried, a partner at law firm Chadbourne & Park LLP who represents clients bidding for privatization deals. "Here you have the opportunity to use private investment in infrastructure to create millions of jobs."
...
Business lobbyists also note that Mr. Obama supports the creation of a National Infrastructure Bank, which could leverage federal funds by pairing them with private investments.

Chicago, Mr. Obama's hometown, has been a leader when it comes to privatization deals for transport projects. Mayor Richard Daley in recent months has struck deals with private groups to operate Midway Airport and city-owned parking meters. In exchange for upfront payments, the city is allowing the private groups to operate the transportation assets for a set period.

Such deals offer the prospect of steady, predictable profits for investors. ...

Obama's all for it, too. And didn't they just increase the roads, bridges and highway funding in the Senate?


"Will Obama Privatize Public Assets To Pay For "Economic Recovery"?" (4.00 / 1)
BAR in December -- http://www.blackagendareport.c...

(tons and tons of great links there too)

... The last way to pay for an ambitious jobs program is to give away the last scraps of public resources and public power to the wealthy corporate actors who have already driven the US economy into the ground. Obama can privatize whatever public assets still exist, leasing or giving them outright to multinational corporations for an up front fee. Once the money is spent, of course, the public assets are no longer public at all.

Despite being a bad and profoundly anti-democratic notion, the privatization of public assets, euphemistically called "public-private partnerships" have become a favorite tactic of Republicans and Democrats alike. There may be a time and place where privatization is a good idea, but we haven't seen it. ...



his Small Business Admin head too -- (0.00 / 0)
Businessweek on various states and how they use public money to fund private industries -- Rebuilding America's Job Machine -- http://www.businessweek.com/ma...

... The Obama Administration's $900 billion economic stimulus package now being debated in Congress raises new hopes that states can tap Washington's funds to support their industrial policies. Some Obama appointees, such as incoming Small Business Administration chief Karen Gordon Mills, a venture capitalist, believe that more federal dollars for research and development, workforce training, and business promotion should be channeled through successful public-private collaborations in the states.

Mixing taxpayer money and private industry is risky, of course. Public officials can be bad at picking winners. State intervention can lead to cronyism and market distortion. Costly bidding wars rage for companies and elite labs in biotech, an industry poised for a shakeout. These are some reasons Harvard Business School competitiveness guru Michael E. Porter preaches caution. "The grassroots model, where regions get on with it without waiting for Washington, is one of America's great strengths," Porter says. But he calls many state interventions unrealistic. "Subsidies are usually a sign you have no underlying advantage in an industry."

...To critics, New York's subsidies for AMD's wafer factory and other plants by IBM are corporate welfare. Greg LeRoy, head of watchdog group Good Jobs First, has faulted such state efforts. He figures most of the $50 billion or more states spend annually on industrial incentives goes to "smokestack chasing"-courting companies that shrewdly play states off against each other to win subsidies for factories, offices, and even retail stores. ...








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