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President Trump has signaled that one of his next big initiatives will be to jump-start a trillion-dollar program to rebuild America’s fraying infrastructure. As a former builder, Trump would seem to be uniquely qualified to oversee this initiative.
Rebuilding infrastructure enjoys broad public support, unlike, say, the failed rewrite of Obamacare, The economic benefits will be huge — not only improving America’s competitiveness, but returning upwards of $5 on each $1 invested, according to the American Society of Civil Engineers. Two million new jobs would be created.
But it’s all talk. What’s missing is pretty basic: No one has the authority to say Go. Although supposedly in charge of the executive branch, Trump finds himself in a kind of mosh pit of overlapping statutory responsibilities and inconsistent legal mandates.
Approval processes can take a decade or longer. Environmental reviews, meant to highlight important choices, obscure them in thousands of pages of mindnumbing detail.
For projects that survive this gantlet, the delay dramatically increases costs. Uncertainties over time and cost keep many projects on the sidelines.
Governing shouldn’t be this hard. Traffic bottlenecks, overflowing wastewater, rickety power grids and crumbling dams desperately need to be fixed. All that’s needed are responsible officials to give permits and allocate funding.
Shine the spotlight on Congress. For 50 years, under Democratic and Republican control alike, Congress has piled up law after law, many with absolute mandates to protect endangered species, preserve historic structures, guarantee access to the disabled and scores of other wellmeaning goals.
The accretion of statutes is matched 10to-1, more or less, by agency regulations written to implement Congress’s mandates. All these laws give enforcement power to 18 or so separate federal agencies — sometimes all on the same project. To top it off, almost anyone can sue based on alleged failure to comply with any of the countless requirements.
The red-tape idiocies are illustrated by the project to raise the roadway of the Bayonne Bridge, which spans the Kill Van Kull connecting New York harbor with the Port of Newark. The roadway is too low for the larger “post-Panamax ships” (designed for the newly-widened Panama Canal), and the Port Authority thought it needed to spend $4 billion to build a new bridge or tunnel.
Then a long-time Port Authority employee, Joann Papageorgis, figured out that the roadway could just be raised within the existing arch of the bridge. The solution was like a miracle: It not only reduced costs from $4 billion to $1 billion, but also had virtually no environmental impact since it used the same foundations and right of way as the existing bridge.
Raising the Bayonne Bridge roadway was pro-environmental in every meaningful way. It would permit cleaner, more efficient ships into Newark Harbor, and avoid the environmental havoc to surrounding neighborhoods of a new bridge or tunnel.
But no official had authority to approve it without hacking through a jungle of red tape.
Here’s some of the red tape: a requirement to study historic buildings within a two-mile radius even though the project touched no buildings; notice to NativeAmerican tribes around the country to participate even though the project would not be disturbing any new ground; and 47 permits from 19 different agencies.
The environmental review for this project — again, a project with virtually no environmental impact — was 20,000 pages, including appendices. Proceeding on an expedited timetable, permits were finally awarded after five years. Then some selfstyled environmentalists sued claiming…. you guessed it, “inadequate review.” The Port Authority started construction anyway, and hopes to complete the project in 2019, 10 years after the application was filed.
Only Congress has the power to change old laws, to make sure they work in the public interest. Congress’s responsibility also includes making sure laws work together. Viewed alone, a law may seem perfectly reasonable.
But if all the laws cumulatively harm the public, then Congress has the obligation to change them.
The problem is, in the vast majority of cases, Congress doesn’t even have the idea of fixing old law. It treats old law like the Ten Commandments — except that now it’s more like the Ten Million Commandments.
Like sediment in a harbor, the accretion of old law prevents America from getting where it needs to go. What’s missing is not mainly money: President Obama had over $800 billion in the 2009 stimulus but, five years later, had been able to spend only 3.6% on transportation infrastructure. As he put it, “there’s no such thing as shovel-ready projects.”
What’s missing is that no human has authority to use their common sense.
The harm to the public is intolerable. A study by Common Good, which I chair, found that the red-tape delays for infrastructure more than double the cost of large projects. The study also found that