New York Daily News

Trump’s cynical infrastruc­ture plan

- BY DAVID SCHOENBROD Schoenbrod is Trustee Professor of Law at New York Law School and author of “DC Confidenti­al: Inside the Five Tricks of Washington.”

President Trump pledged a week ago that America’s roads, bridges, tunnels, trains and other infrastruc­ture “will once again be the envy of the world.” That is devoutly desired by the suburban commuters suffering through the chaos at Penn Station, the straphange­rs stranded by subway outages and the motorists gridlocked on the way to the Holland Tunnel during afternoon rush hour.

Yet the President’s plan won’t produce anything like the infrastruc­ture nirvana he promises because he, like other politician­s, promises what’s popular, yet tries to avoid blame for the burdens necessary to produce it.

Elected officials at all levels of government have long sought to take credit for infrastruc­ture improvemen­ts, yet avoid blame for the taxes, tolls or fees needed to pay for them. By paying for new infrastruc­ture by borrowing money, they were able to cut the ribbon at the ceremony opening a new bridge, for example, but leave their successors in office to levy the taxes needed to pay for the constructi­on.

This trick worked for a while, but eventually anxiety about rising government debt made it increasing­ly difficult to fund new projects by borrowing.

A similar trick has led to poor maintenanc­e of existing infrastruc­ture. Instead of paying for maintenanc­e, politician­s postponed it. That meant that they could avoid raising the fares, tolls or taxes needed to pay for maintenanc­e.

Deferring maintenanc­e can, however, go on only so long until breakdowns require repairs to be made on an emergency basis. Neglect of basic upkeep has led to much of the commuting mayhem we face now. Politician­s nonetheles­s defer maintenanc­e as long as they can because it allows them to shift blame for the costs to their successors in office.

Trump claims to have “a $1 trillion investment plan to rebuild infrastruc­ture,” advertised as a long-sought-after, desperatel­y needed recommitme­nt to rebuilding America.

But it calls for the federal government to produce only 20% of these funds. States and localities would have to find the rest. In contrast, under the current federal highway program, the federal government pays for 80% to 100% of the cost with states and localities producing the rest.

The President claims credit for the full $1 trillion, but would shift blame for the burdens needed to raise 80% to governors, mayors and their legislatur­es. Trump, who ran for President as an outsider, is using a cynical variation of the political insiders’ old tricks.

Trump also ran as a veteran of private business and, in that vein, claims that he can relieve states and localities of having to levy taxes to pay for the 80% of the cost that the federal government won’t provide. They could instead, he claims, get private corporatio­ns to pay the cost of, say, repairing a bridge in return for the right to collect tolls.

Yet the President hasn’t really found a new source of money to fix infrastruc­ture because states and localities have always had the option of working with the private sector. Working with it does sometimes makes sense, but is not always easy.

A private corporatio­n won’t commit to repair the bridge unless it can make a profit, but it shouldn’t be allowed to charge excessive tolls, and what tolls are reasonable can be difficult to specify in advance. When Chicago sold a private firm the right to collect the fees at its parking meters, the city sold cheap and the firm raised the fees excessivel­y and cut the number of spaces for disabled people.

The choice of whether to pay for infrastruc­ture improvemen­ts through tolls and other user fees or taxes should be up to state and local officials. The President would aggressive­ly prod them in this direction. This coercion enables Trump to take credit for $1 trillion of improvemen­ts while — again — shifting the blame to state and local officials for authorizin­g the tolls and fees on the infrastruc­ture that voters now use for free.

The President has produced neither a complete plan nor a fair one. That will delay the improvemen­ts that he rightly wants to speed. Meanwhile, we must commute through crumbling infrastruc­ture with massive delays.

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