TCI Regional Policy Design Stakeholder Submissions

The Transportation and Climate Initiative
The Transportation and Climate Initiative (TCI) is a 12- state regional effort to impose a stealthy and steadily increasing carbon tax on gasoline without requiring the politically perilous step of calling it either a carbon tax or a gas tax. The proceeds would be used to subsidize electric cars, increase public support for climate change policies favored by Governor Mills, the Natural Resources Council of Maine, the environmental left and other assorted climate alarmists. In Maine, in addition to protecting Democrats from risky electoral consequences, TCI is also constitutionally suspect. Article IX, Section 19 of the Maine Constitution restricts the use of fuel taxes to highway and bridge construction and associated costs:
Article IX, Section 19. Limitation on expenditure of motor vehicle and motor vehicle fuel revenues. All revenues derived from fees, excises and license taxes relating to registration, operation and use of vehicles on public highways, and to fuels used for propulsion of such vehicles shall be expended solely for cost of administration, statutory refunds and adjustments, payment of debts and liabilities incurred in construction and reconstruction of highways and bridges, the cost of construction,reconstruction, maintenance and repair of public highways and bridges under the direction and supervision of a state department having jurisdiction over such highways and bridges and expense for state enforcement of traffic laws and shall not be diverted for any purpose, provided that these limitations shall not apply to revenue from an excise tax on motor vehicles imposed in lieu of personal property tax.
The model for TCI is the Regional Greenhouse Gas Initiative (RGGI or “Reggie”). RGGI places a carbon tax on electric power generation and uses the proceeds to fund energy efficiency and promote climate alarmism. In Maine, RGGI revenues are directed to Efficiency Maine, governed by an independent board established by the environmental left under Gov. Baldacci. In addition to subsiding solar power, LED light bulbs and heat pumps, Efficiency Maine has consistently underwritten (as in bought advertising on) Maine Public Broadcasting and the Maine Housing Authority, both strong promoters of climate alarmism.
RGGI and TCI are multistate “agreements” which never received congressional approval as required under Article 1, section 10 of the US Constitution (the Compact Clause):
“No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.” (My italics).
RGGI was never congressionally approved because Democrats did not ask and Republicans did not insist, and objectors like myself did not have standing to sue (although I did look into it). The environmental left insisted that RGGI was “voluntary” and did not require Congressional approval. Senators King and Collins, recognizing the potential problems with this approach, have introduced legislation approving regional climate change policy compacts like TCI, which at least opens the door to court challenges if Congressional approval does not pass.
In the meantime, bi-partisan objections to TCI and carbon/gas taxes are increasing, just as they did in France with the yellow vest protests. Governors from Connecticut (Ned Lamont-D), New Hampshire (Chris Sununu-R), Vermont (Phil Scott-R) and Rhode Island (Gina Raimundo-D) have expressed reservations/opposition (D). Governor Mills has been non-committal, although her climate alarmism would suggest support.
Interested Mainers can submit public comment on the design of the TCI by filling out the TCI Stakeholder Input Form, available at https://www.transportationandclimate.org/main-menu/tci-regional-policy-design-stakeholder-input-form. Public comments are due by February 28, 2020.

Please see attached NFIB comment letter dated January 9, 2020, on Transportation & Climate Initiative.

2BridgeCDX is an independent consultancy specializing in community engagement, community
development and active citizenship. 2BridgeCDX works across the nation offering expertise in facilitation,
training, research, evaluation and consultancy designing and conducting public involvement programs.
Having expertise in “exploring how public agencies can assess and improve their openness and ability to
respond to community influence”.

Fenceline community organizing is important in health education, absolutely because it reflects one of the field's
most fundamental principles, that of "starting where the people are. Community organizing also is
important in light of evidence that social involvement and participation can themselves be significant
factors in improving perceived control, empowerment, individual coping capacity, health behaviors, and
health status. “One of the key components is getting people to the table to speak for themselves and no
better way than with health education.”

• (1) implementation of an innovative community-owned and managed public engagement model;
• (2) bringing stakeholders together with diverse and conflicting viewpoints.

Please see the attached coalition letter in opposition to the TCI gas tax scheme.

The New York State Association of Metropolitan Planning Organizations (NYSAMPO) is a consortium of the Executive Directors of fourteen Metropolitan Planning Organizations (MPOs) in New York State who work together toward best practices and common goals. The Directors lead a diverse group of organizations that represent very large, urban regions like the New York City metropolitan area as well as small metropolitan regions such as Ithaca and Elmira. Regardless of size and complexity, the Directors understand the value of working together to help their organizations provide high quality transportation planning support to their member agencies and to the public throughout the State.
The NYSAMPO Directors have determined that the overall goals of the Transportation & Climate Initiative’s (TCI) low carbon transportation policy proposal are consistent with the strategic goals and planning programs of the NYSAMPO MPOs, as represented in their long-range regional transportation plans and the projects, programs and studies that are funded through their planning processes. The NYSAMPO Directors applaud New York State for its leadership in the effort to establish the TCI. NYSAMPO MPO staff has attended and participated in listening sessions throughout New York State and the Directors appreciate the opportunity to offer the following comment on the design of the proposed program.
Equity
As organizations which plan for the use of transportation funding authorized by Congress, MPOs must comply with Title VI of the Civil Rights Act of 1964 which prohibits discrimination based upon race, color, and national origin. The NYSAMPO MPOs are committed to ensuring traditionally underserved and underrepresented communities receive a fair share of the regional transportation system’s benefits and are not subject to undue burdens. MPOs maintain information and data related to the locations of protected populations within each metropolitan area in order to comply with Title VI and the Executive Order on Environmental Justice. MPOs consider transportation barriers and needs within these communities. The TCI’s community outreach and project planning related to the investment of cap-and-invest proceeds should be coordinated with the NYSAMPO MPOs to ensure consistency with their equity efforts related to Title VI.
Mobile Source Emissions
Reducing emissions from transportation is a common strategic theme in the NYSAMPO MPOs’ regional transportation plans. Additionally, several of the NYSAMPO MPOs must comply with requirements under the Clean Air Act Amendments of 1990 as they develop their plans and programs. More recently, federal transportation legislation establishes performance measures for on-road mobile source emissions, which require that emission reduction targets be established for the ozone precursors nitrogen oxides (NOX) and volatile organic compounds (VOC). Targets are also required for carbon monoxide (CO) and particulate matter (PM10 and PM2.5).

Table 1. NYS On-Road Mobile Source Emissions Targets
Target Year VOC (KG) CO (KG) NOX (KG) PM10 (KG) PM10 (KG)
2020 22,979 437,781 58,591 9,312 3,920
2022 42,765 839,633 107,713 18,132 7,482

Proposed caps to emissions from gasoline, on-road diesel fuel, and potential biofuels, should meet or exceed these agreed upon targets to help states New York State meet its goals.
Investment of Proceeds
Transportation improvements proposed through the TCI should be coordinated with the NYSAMPO MPOs to achieve emission reductions and other policy goals within the long-range regional transportation plans. This coordination will maximize the efficiency and leverage investment in the transportation system which will ensure greater benefits to users. It is important that revenues generated by the initiative be used to advance active transportation, public transit, cleaner vehicles, and other activities that have large-scale positive impacts on environmental quality and public health through the reduction of GHG emissions. The NYSAMPO MPOs regularly use analytical and policy tools that assist in the prioritization of transportation projects for federal funding which could be modeled for determining how cap-and-invest proceeds are invested.


Complementary Policies
Coordination with the NYSAMPO MPOs will support the goals of the low carbon transportation system framework as each organization works within metropolitan areas of New York State to develop and implement complementary policies in long-range regional transportation plans. MPOs can supplement the work of TCI by assisting municipalities within the metropolitan areas with coordinating infrastructure planning and land use planning that supports reducing emissions. For more information on NYSAMPO please visit our website at https://www.nysmpos.org/ or contact Michael Franchini at (518)458-2161 with any questions. We look forward to working with TCI and NYS in planning for a low carbon future.

Please find the attached letter regarding the role of hydrogen and fuel cells and the TCI Framework.

Attached is an updated version of a letter submitted on August 29th, 2019 from Maryland organizations on principles that should be incorporated into the design of the Transportation & Climate Initiative. The letter has been updated with additional signatories.

I would like to submit a PowerPoint and text from Advanced Biofuels USA’s recent presentation about biofuels as the quickest way to reduce the greatest amount of greenhouse gases for the lowest expense at a presentation for the Nov19 Meeting of Maryland Commission on Climate They can be found at: https://advancedbiofuelsusa.info/advanced-biofuels-usas-presentation-to-marylands-commission-on-climate-change-mitigation-work-group-on-benefits-of-biofuels-in-climate-change-mitigation-plan/

I will also attach the files one (the PowerPoint) in this submission and the text that goes with it in the next.

Essentially, these ideas address the 89% of vehicles in 2030 that, according to materials provided in the Draft Greenhouse Gas Reduction Plan, will still require liquid fuels. It also addresses fueling vehicles that are passing through Maryland on major highways that will also require liquid fuels.