Friday, November 28, 2014

Illinois' Proposed Public-Private Partnership

Last week, the Illinois General Assembly tried to hold a subject matter hearing on aging navigation infrastructure (I say “try” because it was rescheduled for December 2 at 10AM).  The hearing was based on this memo provided by the Illinois Department of Natural Resources.  They propose to establish a new Inland Rivers and Waterways Authority with a scope of work that includes advocacy for lock expansion via the Navigation and Ecosystem Sustainability Program (NESP).  And they propose the General Assembly support an application for an Illinois and Middle Mississippi River Public Private Partnership pilot program (IMMR P5).  The Water Resources Reform and Development Act of 2014 established this pilot program and the Corps of Engineers is accepting applications to designate the pilot projects.  It looks like private interests are seeking NESP funding through this new program. 

American Rivers submitted testimony, along with several Nicollet Island Coalition partners, opposing both of the above mentioned proposals.  Instead, we recommended Illinois abandon pursuit of funding for lock expansion and submit an IMMR P5 designation request for private financing of operations, maintenance, and rehabilitation only, using river coordinating bodies that already exist in statute – instead of creating a new authority.

The rationale behind the lock expansion opposition is detailed in the 2010 report, Big Price – Little Benefit:  Why Proposed Locks on the Upper Mississippi and Illinois Rivers are not Economically Viable.

Our other concerns are more nuanced.  The Inland Waterways System is the most subsidized mode of freight transport in the nation. More than 90 percent of the infrastructure costs are paid by federal taxpayers. While Illinois is trying to identify private investments under the IMMR P5 program, it’s possible much of the federal subsidies will be shifted onto Illinois taxpayers and will not significantly reduce the overall public subsidy for the private navigation businesses.

There are also major problems around the proposed cost recuperation plan outlined in the IMMR P5 Factsheet.  Tonnage tariffs and user fees are the only revenue stream listed from the private sector.  However, the barge industry has routinely fought every effort to incorporate such fees. A May 12, 2009 Press Release from the American Waterways Operators states:

“Replacing the excise tax on fuel that equitably distributes taxes on all commercial waterways users with a lock usage tax would impose disproportionate tax burdens on vessels transiting certain segments of the inland waterways, while other vessels using the system would pay little or nothing. This flawed approach would increase the cost of shipping essential commodities such as grain and petroleum and would undermine the nation’s inland waterways transportation system…”

Basically, the barge industry is saying that the fees Illinois plans to rely on to pay for the infrastructure would eventually drive barge traffic from those segments that have locks. It seems likely that the costs for major construction projects will not be recuperated.

We also opposed the creation of any government body or authority established specifically to pursue state or private funding for the NESP.  NESP has several fundamental flaws, which we detail in Big Price – Little Benefit.  The Corps of Engineers’ own study of the lock expansion component of the program demonstrates that the program is not economically justified, and that increasing barge traffic in the region will increase carbon emissions. There also is no evidence that taxpayer investment by the State of Illinois under the proposed IMMR P5 program will improve the benefits.  Pursuing funds for lock expansion would likely turn into a state financed boondoggle, and while it might benefit the navigation industry, it would certainly not benefit the Illinois taxpayer.

We also pointed out in the testimony that the work of the new “Inland Rivers and Waterways Authority” proposed to be created legislatively would significantly overlap with the already existing Illinois and Mississippi Rivers Coordinating Councils.  These Councils have the authority to make recommendations to the General Assembly and Governor regarding funding and spending in the Illinois and Mississippi River watersheds.  They also have the authority to identify new funding sources for river management needs and serve as a well-established public forum for discussions between all stakeholders on the rivers.  And these Councils are not mandated to pursue projects within any particular authority.

Instead of forming a new authority or submitting a proposal to the Corps of Engineers to expand locks, we recommend the state pursue IMMR P5 designation for private financing of operations, maintenance, and rehabilitation only, using river coordinating bodies that already exist in statute.  Funding under these authorities would remain independent of NESP and its related controversies.  Applications for operations, maintenance and rehabilitation would stand a greater likelihood for federal approval and funding.



Friday, November 14, 2014

Barge Fuel Efficiency Claims are Bogus

If you've been reading this blog for a while, you've probably read the Nicollet Island Coalition 2010 report Big Price – Little Benefit: Proposed Locks on the Upper Mississippi and Illinois Rivers Are Not Economically Viable. In Big Price, the Coalition tackles claims by the Corps of Engineers and navigation industry that expensive new locks on the Mississippi and Illinois Rivers are justified because inland towing is “the most fuel efficient mode of transportation” based on the following data[1]:

2014-11-14 Barge Fuel Efficiency Claims are Bogus Table 1

In the 2010 report section “Superior Barge Fuel Efficiency Claims are Questionable,” the Coalition discusses 1. How navigation industry conveniently uses inappropriate railroad fuel efficiency data and 2. How circuity reduces the fuel efficiency of navigation. To recap what the Coalition said in 2010:
  1. Railroad fuel efficiency
The railroad figure above is actually the average from all railroads and does not accurately represent the railroads in direct competition with inland towing. Unit trains carry bulk commodities long distances and compete with navigation for export traffic. Unit train fuel efficiency is 640 ton-miles per gallon – significantly higher than inland towing.
  1. Circuity
Inland navigation is confined to rivers, which are squiggly. Both road and rail can increase their fuel economy by constructing direct routes. The Universities of Illinois[2] and Iowa[3] evaluated how much further barges have to travel to export goods from the Midwest to New Orleans and found that on average, barges travel 1.3 to 1.38 times further than rail.

Adjusted fuel economy data[4]:

2014-11-14 Barge Fuel Efficiency Claims are Bogus Table 2

Take the above realities into account and you see that navigation is not the most fuel efficient mode of transportation. Since the report was published in 2010, I've found two additional studies to bolster the Coalition’s criticism of navigation fuel economy claims.

The university studies referenced in the 2010 report did not evaluate truck fuel efficiency because trucks do not carry a significant portion of bulk commodities over long distances like trains and barges. But a recent study published by the Maritime Administration[5] does look at carbon emissions between trucks and barges for a hypothetical container-on-barge route between Peoria, IL and New Orleans, LA. They found that, due to circuity, inland towing would emit 23,906 metric tons of carbon dioxide annually. While trucks, carrying the same load to and from the same port, would only emit 13,739 metric tons of carbon dioxide annually.

But, circuity is hard to generalize. This is why the Coalition has been searching for river segment specific fuel efficiency data. Rivers are like roads – your car’s fuel efficiency is better on the interstate than in town. Locked rivers are like driving in town – all the stop and go decreases fuel efficiency. To get regional inland towing fuel efficiency data, I started trying to calculate it from the regional fuel tax revenues provided in a recent National Academy of Sciences report[6] (I know the fuel tax is $0.20 per gallon and I know the ton-miles carried on each river segment). But the revenues were provided as a graph, so I didn’t have accurate figures for a calculation. Like a good academic, I followed the citations in hopes of finding the regional fuel tax receipts. What I found instead: The Tennessee Valley Authority[7] already did this calculation!

The fuel efficiency for the Mississippi River according to the TVA:

2014-11-14 Barge Fuel Efficiency Claims are Bogus Table 3

275.8 ton-miles per gallon on the locked portion of the Mississippi River! That means the navigation industry has a fuel efficiency error of more than 300 ton-miles per gallon! Holy crap! Just this month, Hyundai and Kia agreed to pay a $360 million settlement because they sold cars with posted average fuel economy 1 to 6 miles per gallon above the actual fuel efficiency. Meanwhile, taxpayers are forking over about $700 million annually to maintain navigation infrastructure – and most of that money goes to locks and dams where towing is the least efficient. If anyone from the Corps is reading this now, I hope you’re doing a face-palm. It’s time to rethink our water resource investments.


[1] Texas Transportation Institute – Center for Ports & Waterways, December 2007 (amended March 2009), “A Model Comparison of Domestic Fright Transportation Effects on the General Public Final Report,” prepared for the U.S. Maritime Administration and the National Waterways Foundation.
[2] Anthony V. Sebald, 1974, “Energy Intensity of Barge and Rail Freight Hauling,” CAC Document No.27, University of Illinois.
[3] Baumel, C. Philip, Charles R. Huburgh, and Tenpau Lee, 2008, “Estimates for Total Fuel Consumption in Transporting Grain from Iowa to Mayor Crain Countries by Alternative Modes and Routes,” Iowa State University.
[4] Circuity figures are based on the 576 ton-miles per gallon provided by the industry.
[5] U.S. Maritime Administration, 2013, “America’s Marine Highway Program Draft Programmatic Environmental Impact Statement.”
[6] Committee on U.S. Army Corps of Engineers Water Resources Science, Engineering, and Planning; Water Science and Technology Board; Division on Earth and Life Studies; National Research Council, 2012, “Corps of Engineers Water Resources Infrastructure: Deterioration, Investment, or Divestment?”
[7] Bray, Larry G., et al. July-August 2002, “River Efficiencies, Fuel Taxes, and Modal Shifts: Tennessee Valley Authority Model Assists Policy Makers.” TR News issue 22.

Friday, November 7, 2014

Corps found to be in blatant violation of deauthorization laws

Photo Credit: Olivia Dorothy
This summer, the Government Accountability Office (GAO) evaluated the Army Corps of Engineers (Corps) deauthorization process and found it to be woefully lacking and blatantly in violation of federal statute.

The Corps has been required to identify projects for deauthorization since 1974.  Almost every Water Resources Development Act has new language to prompt the Corps to get old projects off the books.  But guess what… almost no projects have been deauthorized!

The GAO found that the Corps does not even keep a comprehensive list of projects that have been authorized. And when the Corps did try to compile a list of projects for deauthorization, many districts removed eligible projects from the list due to local interest.  This is contrary to clear statutory requirements that deauthorization is based on actual appropriations and obligations, not private interest levels.

I’m not surprised by these findings.  I’ve encountered several instances where the Corps reprograms small amounts of funds to prevent deauthorization.  I’ve also seen the resurrection of projects that haven’t been funded in decades.  The GAO report found both of these strategies to be violations of the deauthorization statutes.

The Corps’ excuse?  They claimed that they could not follow the statute because implementation guidance was never developed for it.  Implementation guidance is the internal policy that guides day-to-day activities within the agency.  Who was supposed to develop that guidance? The Corps.   

The latest deauthorization law was passed in the 2014 Water Resources Reform and Development Act.  Congress is mandating that the Corps provide a list of projects that cost $18 billion to be summarily deauthorized.  Following this initial list, the Corps must provide annual deauthorization lists of projects that have not been funded in the proceeding seven years.  When those lists are provided, there will be a public commenting opportunity. If Congress does not provided funding for any of the projects listed, they are automatically deauthorized.


The Corps is developing a centralized database to track project authorizations and funding and they promise to submit the $18 billion list for deauthorization by March 2015.  I hope the Corps follows the new deauthorization law and not history.