Kentucky law OKs public-private funding except for Brent Spence Bridge

By Keith Goble, Land Line state legislative editor | Tuesday, April 12, 2016

A new law in Kentucky permits the state to pursue public-private partnerships to get needed road and bridge work done while banning the use of tolls on the Brent Spence Bridge.

Gov. Matt Bevin signed into law a bill to authorize private funding for state and local projects. The tolling authority excludes any interstate project that connects Kentucky with Ohio, namely the Brent Spence Bridge project.

Rep. Leslie Combs, D-Pikeville, has said the new law permits the state to work together with private groups to get projects underway that might otherwise not get started because of limited government revenues.

Combs, who is in her final year on the job, tried four times in recent years to get public-private partnership legislation through the statehouse. Concern about tolls being collected to pay for the Brent Spence Bridge replacement project has derailed previous efforts.

Two years ago then-Gov. Steve Beshear vetoed a bill that excluded the northern Kentucky project. He said at the time it was a bad idea to eliminate any funding options for the project to replace the bridge that carries Interstates 71 and 75 into Cincinnati.

In 2015, a similar attempt that left the door open to charging tolls on the replacement bridge gained passage in the House but failed to muster enough support in the Senate.

Open to traffic in 1963, the Brent Spence Bridge carries twice as many vehicles per day as it was designed to accommodate. Today, it is used to transport nearly $420 billion worth of goods each year.

The replacement and renovation project has a price tag of $2.6 billion. Kentucky and Ohio must enact laws authorizing public-private partnerships to move forward with plans to privatize the bridge.

A 2014 Ohio law authorizes toll taxes to pay off reconstruction of the state’s portion of the bridge.

To overcome concerns at the Kentucky statehouse about the project, this year’s bill, HB309, specifically prohibits tolls from being collected on the replacement bridge.

As a result, local officials say it is now up to the governor to come up with a plan to pay for the bridge project. Bevin has not released any information about a financing plan to get work done.

Officials say they believe the toll ban will likely delay the bridge project by at least one decade.

Exclusion of public-private partnership authority for the replacement bridge is welcomed by the Owner-Operator Independent Drivers Association. The Association has conveyed the concerns of professional truckers to state lawmakers.

OOIDA Director of State Legislative Affairs Mike Matousek has said imposing a new tax on all highway users would restrict mobility, divert traffic, and increase commuting costs for families and businesses.

To view other legislative activities of interest for Kentucky, click here.

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