New $44M Cancer Center to Break Ground in Lancaster, PA

By: Jennifer M. Horn

On September 14th, Lancaster General Health (LGH) is set to break ground on the new Ann B. Barshinger Cancer Center.

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According to the press release from the LGH, the 70,000 square foot, $44 million center will, “bring medical oncologists, radiation oncologists, surgeons and other cancer specialists together in one location…The Suzanne H. Arnold Center for Breast Health will be integrated into the two-story cancer center.”

Stand out features of the new cancer center include:

  • A new radiation wing, considered the “hub of technology,” with the latest diagnostic and treatment technologies available;
  • Infusion therapy/chemotherapy suites configured with patient comfort in mind;
  • A conference and education center with the most advanced technology and connectivity; and
  • A tranquil Healing Garden with a natural landscape where patients, families and friends can find a quiet space between treatments.

Philadelphia based architecture firm Ballinger designed the center and Benchmark Construction Co. Inc. is set to manage the project.

Jennifer M. Horn is Senior Counsel at Cohen Seglias and a member of the Construction Group. She concentrates her practice in the areas of construction litigation and real estate.

Mid-Atlantic Construction Update

Pennsylvania:

PNC Financial Services Group (PNC) is moving its headquarters to Pittsburgh. PNC, which is the largest bank in Pennsylvania, plans to build a $400 million “green” office structure in downtown Pittsburgh, which will create 2,500 construction jobs. The new skyscraper, which is to be about 40 Stipmall.jpgstories high and 800,000 square-feet, will be PNC’s largest building in Pittsburgh. Currently plans include 300 underground parking spaces and street level retail. The building will be complete with green rooftops.

Maryland:

Maryland’s National Harbor is adding a “$100 million retail outlet as part of a plan by its developers to expand the convention and resort complex into a one-stop shop for visitors.” The outlets, to be built on 40 acres of land, are expected to house 80 designer stores.

The National Harbor is quickly on the way to becoming a must-see attraction. The National Children’s museum has announced plans to relocate to the harbor . Plans to break ground on a new 140,000 square-foot building to house the museum are expected to start later this year.

New Jersey:

New Jersey’s Xanadu Mall is about to get a $1.5 billion face lift. New Jersey Governor Chris Christie announced plans to renovate and expand the mall, including a “recladding of its multicolor exterior.” Refurbishing the mall, a 2.4 million square-foot structure, will create over 9,000 construction jobs. Christie who had previously dubbed the mall the states “ugliest” building, has also announced a name change to the structure. Going forward the new mall will be known as “American Dream Meadowlands.”

 

Mid-Atlantic Construction Update: Looking Up?

Is construction picking up throughout the Mid-Atlantic region? Here are just a few summaries of headlines for Maryland, Delaware and Pennsylvania

Maryland:

As of March 2011, construction projects in several Maryland counties continue to increase, and Mid-Atlantic.jpgconstruction contracts “were up 55% when compared to the same month in 2010.” For the first quarter, future construction contracts reached $272M.

These statistics include Anne Arundel, Baltimore, Carroll, Harford, Howard and Queen Anne’s,counties in Maryland . The commercial projects included, but were not limited to, the construction of commercial, manufacturing, educational, religious, administrative, recreational, hotel, and dormitory buildings.

Delaware:

Delaware Governor Jack Markell spoke to Delaware business leaders on May 4, 2011 proposing how to spend the projected surplus above the $3.4 billion operating budget he proposed in January.

Ideally, Markell wants to spend $135 million of a projected $320 million budget surplus “on one-time construction projects to stimulate the economy” through a new initiative, the Building Delaware’s Future Now fund.

Some of the projects Markell suggests committing funds to include:

  • $40 million for a new jobs infrastructure fund to pay for road and sewer improvements for getting new companies to relocate to Delaware;
  • $40 million for the state’s Transportation Trust Fund;
  • $35 million for the preservation of historic buildings, the capital complex in Dover and state parks facilities;
  • $10 million for investing in affordable housing projects; and
  • $10 million for open space preservation.

Pennsylvania:

Pennsylvania has been awarded $40M, from the US Department of Transportation, for additional rail lines, leading from Philadelphia to Harrisburg. The funds come as part of the $2.4B that Florida Governor Rick Scott declined. Erin Waters, spokesperson for the Pennsylvania Department of Transportation (PennDOT) said the “upgrade would shave another 7 to 9 minutes from the travel time between Harrisburg and Philadelphia,” by improving the switch and signal network in Harrisburg.

No timeline has currently been released for this project.

Also in Pennsylvania, the Commonwealth Financing Authority approved $172M to fund 160 water infrastructure projects, in 51 counties, through the H2O PA program.

The H2O PA program provides “grants for flood control projects, construction of drinking water, sanitary sewer and storm sewer projects and high hazard or unsafe dam projects.”

For a complete list of projects and their descriptions please visit www.newpa.com.

New Jersey Announces $584M Plan to Renovate and Rebuild 10 Schools

New Jersey Governor Chris Christie announced that 10 schools in the state will receive a total of $584 million through the Schools Development Authority (SDA) to rebuild and renovate existing space. In addition to the allocated money, $100 million has been designated for emergency school improvements.
school.jpgSchool districts that will receive funding include: Bridgeton, Elizabeth, Long Branch, Jersey City, New Brunswick, Newark, Paterson and West New York. Construction is expected to begin this year for a new magnet high school in the Elizabeth School District and an elementary school in the New Brunswick School District.

Christie announced that all construction will follow a standardized design process (creating one design for all new construction projects), thus greatly reducing costs for architects and project engineers. This process is estimated to save about $4 million per project. By starting with only two projects, Christie believes the state will find more ways to save through the initial process.

Richard Kaplan, superintendent of the New Brunswick School District is thrilled with the news. According to Kaplan, the district had the “only school in the state that they (state officials) tore down and didn’t rebuild.” He continued to say that since 2006, the children had been attending classes in a warehouse with no playground. The new school building will hold 675 students, grades 1-5, and will be built on a vacant lot where the former building once stood.

Emergency Construction

Just after Christie’s emergency construction announcement, a project for a new roof at the Dr. William H. Horton Elementary School was green lighted. The school, which houses students from kindergarten to eighth grade, received $732,000 for repairs.

The SDA determines emergency repairs based on health and safety concerns.

Districts That Did Not Receive Funding Are Looking for Answers

The SDA is comprised of 31 school districts, and those districts not included in Christie’s list want answers as to why.

Originally, under former New Jersey Governor Jon Corzine, 51 projects were approved. Christie established new criteria to identify the need for construction which included: total cost, cost per pupil and the efficiency of the project. In the future, the entire list of eligible projects will be reviewed each year, and funding will be evaluated. There will be no set number of projects to complete each year - it will be strictly need based.

Mark Miller, superintendent of the Warren County School District, which did not make this years list, says, “Half the students take classes in 31 trailers scattered behind the current school’s structure…there is no question in my mind…that these students deserve new schools, I have no idea why we were not on this list.”

New Jersey Governor Signs Power Plant Bill and Tax Reimbursement for Revel Casino

Update: Christie Signs NJ Power Plant Bill

New Jersey Governor Chris Christie signed into law last Friday the controversial power plant bill (S-2381) that, among other things, is aimed to lower energy rates by increasing the energy generated in-state and create construction jobs.

The new law enables LS Power Systems to build a power plant in West Deptford, NJ, and provides an incentive for companies such as Competitive Power Ventures to build at least three additional plants in the state, with long-term, ratepayer subsidized energy contracts. Proponents of the bill believe that the long term capacity agreements (LCAPP) will reduce the cost of energy for ratepayers, thereby reducing the state’s reliance on out-of-sate generation and will create jobs in the construction and energy industries.

Opposition to the bill remains strong. Critics say that it locks ratepayers into 15 years of subsidies for some power suppliers and that the new bill does not guarantee lower tax rates for the public.

We will continue to monitor the controversial law, and report on its effectiveness.

$261 million tax reimbursement for Revel casino

Governor Chris Christie announced on February 1 that the half finished Revel Casino project can resume construction, beginning as early as next week. Through the Economic Development Authority, and the Atlantic City Rescue Package, Christie has authorized the state to provide $261 million to the casino. With this agreement, Revel will share 20 percent of its profits (up to $261 million) with the state and the state will hold a minority ownership in the casino. Revel lined up an additional $1.5 billion in private financing needed to complete the project. Christie’s administration cited the prospect of thousands of jobs and billions in future tax revenue as an incentive to back the project.

The project is on schedule to be completed in June 2012 and will create about 2,000 construction jobs. When fully operational, Revel will employ 5,500 people. Additionally, the casino plans to build 1,100 hotel rooms, as opposed to the 1,800 rooms originally planned.

Christie commented on the renewed project by saying that, “This is a landmark day for Atlantic City, and the beginning of its transformation”.

Heated Debate over NJ Power-Plant Bill

A controversial bill, know as “LS Power Bill” has recently put New Jersey Governor Chris Christie under some pressure. The bill, A. 3442, is a reaction to regional power-grid operator PJM Interconnection's (PJM) reliability pricing model (RPM) thaelectric power plant.jpgt is designed, among other things, to encourage the construction of electric generation through incentive rates. The bill says the state must take action to ensure that enough electric generation is available in the region because the incentives under the PJM’s model have failed.

The goal of A. 3442 is to establish a long-term capacity agreement pilot program to promote construction of qualified in-State electric generation facilities.

Bill Supporters

The legislation would allow for a guaranteed long-term income for developers of several large power plants, and the bill’s supporters claim that it would significantly lower energy rates for residents.

“The guarantees were necessary to obtain financing to construct the 640-megawatt plant along the Delaware River, which would cost from $800 million to $1 billion,” said Tom Hoatson, director of regulatory affairs for LS Power.

If approved, the new plant would create construction jobs for 500 people, and 25 permanent jobs.

Bill Opponents

Opponents of the bill, which include Exelon Corp., say it is an “anticompetitive sweetheart deal that will cost consumers in the long run.”

Challengers claim a move like this would “set the clock back” years, and undo efforts to make electrical-power markets more competitive.

George M. Waidelich, vice president of energy operations for Safeway Inc., says, “we cannot afford an energy surcharge to guarantee billions of dollars of revenue to a few select developers.”

Next Steps

Currently, the bill is under review with Governor Christie. Officials expect that the Governor will likely sign the legislation after his office has secured amendments that address concerns about the bill’s potential negative impact on competition in the electric generation market. The Governor’s office was consulted in the last draft of amendments.

Transportation Becoming a Priority in PA and NJ

On September 6, 2010, President Barack Obama proposed a six-year, $50 billion plan to rebuild the nation’s highways, railways and airport runways. Obama’s plan includes rebuilding 150,000 miles of roads, construction and maintenance of 4,000 miles of railway – enough tracks to span the continent — and rehabilitation or reconstruction of 150 milesTraffic.jpg of airport runways. He also called for an “infrastructure bank” that would focus on paying for national and regional transportation projects.

It seems that Pennsylvania and New Jersey are heeding Obama’s call by making transportation a priority in the Keystone and Garden States.

New 5-Year Plan for New Jersey

New Jersey Governor Chris Christie announced this past Thursday a 5-year, $8 billion plan to renew the State’s Transportation Trust Fund (TTF) and provide funding for New Jersey road and bridge projects. The annual $1.6 billion program will provide approximately $200 million for local government projects, $672 million for New Jersey Transit (NJ Transit) projects and $728 for New Jersey Department of Transportation (NJ DOT) projects. The plan significantly increases cash contributions to the program, as compared to prior years, and relies less on borrowing bonds. Christie’s proposal will change the type of debt New Jersey will use to fund future transportation projects, and will include no toll or tax increases. In addition to the $1.6 billion program for local government projects, NJ Transit and NJDOT, the plan includes approximately $363 million average per year for projects that will be funded by the New York/New Jersey Port Authority in conjunction with NJDOT.

State projects slated to be funded through the Port Authority monies include a plan to renovate the Pulaski Skyway, the Route 7 Whitpenn Bridge and a new roadway in the Portway District of New Jersey.

Christie said that, “this is a significant commitment from the Port Authority to make our roadways and bridges safer as we travel through the port district.”

Want to Learn More about the TTF Plan?

NJDOT Commissioner James Simpson will review Gov. Christie’s TTF renewal plan at the Utility & Transportation Contractors Association’s (UTCA) upcoming membership meeting. The meeting is scheduled for January 13, 2011 at the Crowne Plaza in Jamesburg, New Jersey. Please contact the UTCA office at (732) 292-4300 for more information.

Smart Transportation Projects in Pennsylvania

The winners of the second round of the Pennsylvania Community Transportation Initiative have been announced, according to Pennsylvania Department of Transportation (PennDOT) secretary Allen D. Biehler, P.E. Forty-one communities across the state will get a portion of a $24.7 million fund to help boost “Smart Transportation” projects.

“Smart Transportation means partnering to build great communities for future generations of Pennsylvanians by linking transpiration investments and land-use planning and decision making,” said Biehler.

Smart Transportation projects are initiatives that support local economic development; encourage walkable, multimodal mixed-use development; improve regional connectivity or enhance the existing transportation network.

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Four Seasons to Finish New $197M Hotel in Maryland

The luxury hotel chain, the Four Seasons, has been building an 18-story, 256-room hotel in Harbor East, Baltimore for over a year now. Until now, thhotel.jpgey have not been able to fully finance the $197 million project. On Thursday, January 6, 2011, Maryland Governor Martin O’Malley is expected to sign off on a deal to provide the hotel with partial financing from the proceeds of $45 million in tax-exempt bonds (in the form of “recovery zone facility revenue” bonds) issued by the Maryland Industrial Development Financing Authority. This money was made available through President Obama’s Recovery and Reinvestment Act.

The hotel is expected to create $221 million in economic activity, 1,273 construction jobs and 577 permanent hotel jobs.

Timothy P. Doyle, a program manager with the Maryland Department of Business and Economic Development, said “the authority decided to back the package based on its economic impact and job creation projections.”

With this assistance, the hotel is scheduled to open in late 2011. Upon completion of the project, the plan is to then build condominiums above the hotel, bringing the building to 44 stories. This would make the Four Seasons building the tallest in the city. The bond money will be used solely for the creation of the hotel, and related retail space, not the condominiums.

New Jersey at the Forefront of Solar Power

In terms of solar power, New Jersey is very progressive. New Jersey is a frontrunner in renewable energy production, and currently has the second highest capacity of solar power in the country - California is first. The Garden State’s successful implementation of rebate and incentive new-jersey.gifprograms, as well as its commitment to renewable energy, have enabled it to reach this point.

Below are just a few of the solar projects happening in New Jersey.

Sheraton Hotels

The Sheraton Meadowlands Hotel & Conference Center has contracted with Distributed Sun, a solar power company, to bring solar power to the Hotel & Conference Center. The project will include a 1.1-megawatt solar panel system that will produce enough clean energy to offset a portion of the hotel's energy bills.

Cedar Solar Farm

The Mannington Township Planning Board unanimously approved a 10-megawatt Cedar Solar farm that will be built in Salem County. The project, set to begin in early 2011, is spearheaded by Lincoln Renewable Energy (LRE). . LRE will build the solar power facility on a 129-acre site. The $60 million construction project, said to take six months, will create approximately 100 jobs. LRE's chief executive, Declan Flanagan, thanked "the Planning Board and the community of Mannington for recognizing the benefits that solar farms can bring to rural communities."

Pilesgrove Solar Park

On October 20, 2010, developers broke ground on a $90 million South Jersey solar-energy farm, which will be the largest of its kind in the Northeast. Con Edison Development and Panda Power Funds are partnering to build the 71,400 panel solar farm in Pilesgrove Township, Salem County. The Pilesgrove Solar Farm will take about 6 months to complete, sit on about 100 acres of agricultural land, and is expected to create 100 construction jobs. The power produced by the solar farm will be purchased by Atlantic City Electric and is expected to provide power to 5,100 homes. The renewable power created by the solar farm equates to the removal of more then 3,500 cars from the road for each year of operation.

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Pennsylvania Governor Announces New State Investments - 400 Construction Jobs to be Created

Pennsylvania Governor Ed Rendell announced Monday that new state investments for Warren and Erie counties have been approved. The new projects will receive $45 million in iStock_000009319445XSmall[1].jpgstate funding and $68 million in private funding and will create more than 400 temporary construction jobs. In addition, the new projects will create more than 325 permanent jobs for local residents.

"It's so important to make smart investments to spur economic development. When the state invests in a project, private companies or other organizations match or exceed those funds with their own investments," Rendell said. "These investments are revitalizing communities, creating jobs and opening the door to new opportunities and future growth."

New Projects Include:

  • A $7 million investment through the Redevelopment Assistance Capital Program (RACP) into the GAF Bayfront project that will remediate the land where the former GAF Materials Corporation plant was once located. The project will open up new tourism and development opportunities and is anticipated to create 100 permanent jobs and 50 construction jobs. It will leverage $43 million in outside funding.
  • A $3.5 million RACP investment to Mercyhurst College that will help develop the Center for Academic Engagement. The new “green” building will house the school’s intelligence studies and hospitality majors and will incorporate laboratory space and state-of-the-art equipment. The project will create 22 permanent jobs, more than 150 construction jobs and will leverage $5.5 million in outside funding.
  • A $32 million investment through the Public Improvements Program to help renovate and expand the Louis J. Tullio Arena in Erie. The project will leverage $10 million in private investments and is anticipated to create 145 permanent jobs as well as 125 temporary construction jobs.
  • A $2.5 million RACP investment in the Innovate Warren project. This project encompasses a seven-block area and builds on more than five years of work the city has done to revitalize and re-invent the downtown business district and accelerate the opportunity for current and new businesses to prosper. The $2.5 million investment will bring credit and non-credit courses to northwestern Pennsylvania through the development of the Center for Advanced Education, which will teach people about community revitalization and energy. The project will leverage $10.3 million in outside funding and is expected to create 80 temporary construction jobs and at least 60 permanent jobs.

Rendell continued to say that, "Programs like RACP and investments like these have helped to keep Pennsylvania's construction industry going despite the economic downturn. These investments -- and others like it -- that we've made across the state for the past 8 years have helped to keep Pennsylvania's unemployment rate below the national average for 91 of the 94 past months."

The Philadelphia Eagles to Build First Ever Renewable Energy Sports Stadium

A new trend in sports stadiums becoming environmentally friendly has begun to take off. The new Meadowlands Stadium, home to the New York Jets and New York Giants, was built “green” using 40,000 tons of recycled steel and features solar panels and energy-efficient light bulbs. The Consol Energy Center , home of the Pittsburgh Penguins, became the first National Hockey League arena to achieve Gold LEED certification. Most recently, Lincoln Financial Field, home to the Philadelphia Eagles, has unveiled plans to upgrade their stadium to be the, “first major sports stadium in the world to convert to self-generated renewable energy using a combination of onsite wind, solar and dual-fuel generated electricity.”

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Jeffrey Lurie, Philadelphia Eagles team owner and CEO said:

The Philadelphia Eagles are proud to take this vital step towards energy independence from fossil fuels by powering Lincoln Financial Field with wind, solar and dual-fuel energy sources. This commitment builds upon our comprehensive environmental sustainability program, which includes energy and water conservation, waste reduction, recycling, composting, toxic chemical avoidance and reforestation.

The Eagles have teamed up with Solar Blue to complete the project. With a completion goal of September, 2011, Solar Blue will “build, install, maintain and operate this new power system that will include approximately 80 spiral-shaped wind turbines, 2,500 solar panels and an onsite dual-fuel cogeneration plant.” The project is estimated to cost $30 million, and will create about 200 local jobs. Additionally, the Eagles stand to save an estimated $60 million in energy costs, as Solar Blue will maintain and operate the stadium’s power system for the next 20 years at a fixed annual price increase in electricity.

Contractors should be on the lookout for job opportunities as other stadiums and arenas around the country renovate to incorporate renewable energy.

Philadelphia Airport Plans Multi-Billion Dollar Expansion

The Philadelphia International Airport (PHL) is proposing a $5.3 billion expansion, which would create 45,000 construction jobs over 12 years and 2,880 permanent jobs.airport.jpg

PHL is said to be the 6th most delayed U.S. airport. The expansion plan includes a new runway, proposed to be operational in 2016, and the lengthening of two existing runways, with the goal of alleviating some of the delays. The construction, if approved, is expected to take 12-15 years to complete.According to Mark Gale, PHL’s Chief Executive Officer:

The airport is probably the single largest economic engine in all of Southeastern Pennsylvania. If the airport does not expand to meet the forecasted needs, the area will miss out, and Philadelphia will remain one of the most delayed airports in the country.

Currently, PHL employs more than 141,000 people, and generates more than $14 billion in regional economic activity. According to PHL’s web site, “Over the next few years…[the airport] is anticipated to grow at least 3.8% in passenger volume and 4.6% in cargo volume per year.”

Approximately two-thirds of the funding for the project will come from airport-issued bonds. Payment of the debt service will come from the airlines (in fees and rates) and from concessions, parking, advertising and car rentals.

Opposition to the PHL Expansion

While PHL officials believe this construction will only benefit the city, the plan is being met with much opposition, mainly from local residents and airlines.

In order to complete the expansion, PHL would need to acquire 72 homes and approximately 80 businesses in Tinicum County, impacting more than 3,500 employees. Additionally, the expansion would require the relocation of the United Parcel Service (UPS) sorting facility west of PHL. This move would send all UPS traffic through Tinicum.

Many longtime residents of Tinicum do not want to sell, and are wary of their community’s future. Opponents of the expansion have formed the “Residents Against Airport Expansion in Delco”, in an attempt to keep their land.

US Airways, an anchor carrier at PHL is also opposed to the construction at this time. Michael Minerva, US Airways’ Vice President for Corporate Real Estate said:

US Airways supports the concept of growth and long-term planning at PHL. However, we believe that premature construction of a new runway will make PHL a less economically viable airport and US Airways a less economically viable airline…

Minerva went on to say that he did not believe a new runway alone would solve the congestion problems at PHL, “until there is a solution to airspace congestions.”

Next Stages of Construction

The Federal Aviation Administration is supposed to green-light the project later this month. Once that decision is finalized, PHL will need to work on negotiations with UPS, which has not committed to moving yet, and the residents of Tinicum. Pending the finalized negotiations, the project will be able to break ground.

Pennsylvania Governor Ed Rendell Awards $8 Million in Alternative Energy Grants

Pennsylvania Governor Ed Rendell recently announced that the state is awarding close to $8 million in state alternative energy grants. The grants will be used to fund 21 projects that will encourage the use of biofuels and technological developments to cultivate the further development of electric cars and vehicles that run on natural gas. These projects are expected to create 221 jobs and to cut carbon dioxide emissions by 14.5 million pounds.Electric car.jpgDuring a press conference where the grants were unveiled, Rendell stated that:

Two weeks ago, the Natural Resources Defense Council named Pennsylvania as the 7th least vulnerable state in the nation to oil price spikes because of our work to build a green economy here…That’s a very accurate assessment and it’s what we’ve been saying for the past eight years, which is why we’ve worked so hard to create a green economy here. That work has paid off…These projects will build upon that work and will transform the way we power our vehicles.

The majority of the money for these grants comes from the Alternative Fuels Incentive Grant Program (AFIG), which aims to promote and build markets for advanced or renewable energy technologies. The purpose of the program is to provide a stimulus for opportunities that better manage fuel resources in a way that also improves the environment, supports economic development and enhances quality of life. Since 2004, Pennsylvania has invested approximately $39 million in 114 projects through the AFIG. These investments have resulted in $216 million in additional investments from other sources.

The grants will be matched by $22.1 million of private funds. The $30 million investment will solidify Pennsylvania’s reputation as a leader in the development and implementation of clean energy.

Rendell’s announcement about the grants comes on the heels of the news of the Governor’s $32.5 million investment for 38 rail projects in 28 counties throughout Pennsylvania.

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$32.5 Million Rail Freight Investment to Create Jobs in 28 Counties

Pennsylvania Governor Ed Rendell announced yesterday that a $32.5 million state investment will be made for 38 rail projects in 28 counties. At a press conference held in York, Pennsylvania, Rendell explained that the freight investment would “upgrade and add capacity, stimulate local economies and provide as many as 2,500 jobs.” The governor also elaboratRail Road.jpged on the other benefits the state is expected to reap from the infusion of funds:

Transportation investment equals jobs. The rail freight projects being funded across the state…will help companies create good-paying jobs and inject billions into local economies. These grants are excellent examples of how public-private partnerships can benefit businesses, workers and communities.

Funding for these projects is set to come from the Pennsylvania Department of Transportation's (PennDOT) 2010-2011 Rail Capital Budget/Transportation Assistance Program and the 2011-2012 Rail Freight Assistance Program. The majority of the funding will come from the former, which is funded through state capital bond dollars, and the remainder will come from the latter, which is funded through the state’s General Fund. Both grant programs are organized by PennDOT's Bureau of Rail Freight.

Local service providers around the state are thrilled with what these funds mean for their communities. “Lycoming County welcomes the news,” says Mark Murawski, chief county transportation planner. Murawsi went on to say that he was, “pleased the money would go toward projects to help ease the traffic burdens” associated with the demands of the booming Marcellus Shale industry in the region.

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Graterford State Prison Project Moving Forward

The project to expand Graterford Prison (Project) which was previously cancelled by the Pennsylvania Department of General Services (DGS) is now expected to move forward. According to an 10-8-10 Notice to Proposers, the proposal submission deadline was November 5, 2010, and the lowest bidder will be selected to complete the Project.

The purpose of the Project is to replace the existing facility which was built in 1929. According to Susan McNaughton, spokeswoman at the Department of Corrections (DOC), once the Project is complete, the old building will be uninhabited but “will be maintained in case [the DOC] need[s] to use it.”

Since its unveiling in January 2009, the Project has been hampered by litigation, but DGS believes that any outstanding issues have been resolved by the reissued bid. According to Troy Thompson, a spokesman for DGS, “[i]t was litigated and continues to be litigated, but we feel we have resolved those issues and our current bid package reflects that.” The Project is expected to take 3 years to complete and Thompson reported that it will generate approximately 625 construction-related jobs once ground is broken. The exact start date of the $365 million, 4,100-bed facility depends upon factors such as weather conditions and/or if the bid process is contested. Once underway, the Project will be one of the largest correctional projects in the country.

Governor Christie Stands Firm in Decision to Cancel ARC Tunnel Project

Earlier today, Governor Chris Christie announced his intention to remain steadfast in his earlier decision to cancel the ARC Tunnel project, citing New Jersey’s lack of funding.

Two weeks ago, Christie chose to pull the plug on the ARC Tunnel project, a project 20 years in the works. Just one day after making this fateful decision, Christie elected to take some time to reconsider at the urging of Transportation Secretary Ray LaHood. Since this time, many have been anxiously awaiting this announcement, and just as many are disappointed. In a statement expressing his own dismay at the outcome, LaHood lamented:

I am extremely disappointed in Governor Christie’s decision to abandon the ARC [T]unnel project, which is a devastating blow to thousands of workers, millions of commuters and the state’s economic future. The [G]overnor’s decision to stop work on this project means commuters – who would have saved 45 minutes each day thanks to the ARC tunnel – will instead see no end to traffic congestion and ever-longer wait times on train platforms. Our DOT team has worked hard over the last several weeks to present Governor Christie with workable solutions to bring the ARC tunnel to life. I want to thank Senators Lautenberg and Menendez for their tireless efforts on behalf of this important project.

Christie and LaHood met this past weekend to discuss the future of the ARC Tunnel, and the federal government even offered to pour an additional $378 million into the project. Other funding options, such as loan options of $2.3 billion with the possibility of $1.85 billion in financing from a public-private partnership, were discussed by the pair. However, Christie ultimately determined that it was financially not in the best interest of New Jersey to continue construction, stating that “[w]e are still going to have to pay for the cost of it . . . I cannot place upon the citizens of New Jersey an open-ended letter of credit.” Christie had hoped that some other party, such as the federal government, the State of New York or New York City, would step up to cover the costs of overruns. The estimated cost of the ARC Tunnel Project was $9 billion, with New Jersey and the Port Authority of New York each expected to contribute $3 billion. Had the project continued, the state would have been responsible for overruns of $2.7 billion or more.

President of the Regional Plan Association Bob Yaro stated that Christie’s decision is “a real tragedy for New Jersey, and for the metropolitan area, and for the country,” adding that, “[i]n the end there were no overruns that the federal government, and the Port Authority and the state couldn't manage.”

Construction began on the rail tunnel under the Hudson River last summer. Although Christie’s decision to cancel the ARC Tunnel project could ultimately save the state billions of dollars, New Jersey will be forced to pay back the $350 million it was given to start the project. Until its cancellation, the project was the largest public works project in the country.

Will Philadelphia Developer Receive $100 Million from State Capital Budget?

Pennsylvania Gov. Ed Rendell is currently reviewing a new state capital budget that is calling for numerous new development projects across the state. Within this budget, through the Redevelopment Assistance Capital Program (RACP) Philadelphia developer Bart Blatstein is poised to receive $100 million. If granted the money, these developer.jpgare just some of the projects that Blatstein is planning:

  • Rehabilitation of the State Office Building at Broad and Spring Garden Street - $25 million
  • Opening a 45-room hotel with a banquet hall near the Piazza at Schmidts - $45 million
  • Opening a 86-suite hotel with a banquet hall at 2nd and Poplar St. - $25 million

Blatstein says his projects “would create jobs, generate tax revenue, and help sustain revitalization in many city neighborhoods.”

While these projects are praised by some city officials, others are wary of the fact that the money would be going to a private developer. Representative Michael O’Brian says, “I’m deeply disturbed by the state’s recent trend of financing for-profit entities.” One reason behind this concern is the nature of RACP - nominating parties are kept anonymous - creating a system with very limited accountability.

RACP began in 1986 and has funded many projects throughout Pennsylvania. Blatstein is not the only developer on the list to receive RACP funds this year.

Other projects that are awaiting approval under the new budget include:

  • Sen. Arlen Specter’s library at Philadelphia University - $20 million
  • Ardmore Transit Center - $9 million
  • A golf course in Chester County - $20 million

Although it is unclear which state representative is backing Blatstein, it is plausible that not all of his projects will be approved by Rendell. Rendell will be reviewing Blatstein’s projects along with others that were green-lit by the Pennsylvania House of Representatives this summer.

Sen. Larry Farnese would like to see Blatstein’s projects approved because of his “proven track record of success,” and because of the potential “economic boost to the city.”

Rendell is expected to decide what projects will get the green light this month, and we will continue to update you on any developments.

Upgrades to Pennsylvania and Philadelphia's Infrastructure Discussed with President Obama

On Monday October 11, 2010, President Barack Obama, cabinet secretaries and a handful of the nation’s mayors and governors met at the White House to discuss the President’s Infrastructure Plan (Plan). Both Pennsylvania Governor Ed Rendell and Philadelpinfrastructure2.jpghia Mayor Michael Nutter were present at the meeting, which came on the heels of a report issued by the Department of the Treasury and the Council of Economic Advisors that praises the Plan. According to the report, there are four reasons why now is the best time to invest in transportation infrastructure:

  • Long term economic benefits of well designed infrastructure investments
  • Disproportionate benefit to the middle class from this investment in infrastructure
  • The current high level of underutilized resources that can be used to improve and expand our infrastructure
  • Strong demand by the public and businesses for additional transportation infrastructure investments

According to the President, adopting the Plan would solve a lot of travel headaches: saving Americans time and making them more productive, while also cleaning up the environment.

What we need is a smart system of infrastructure equal to the needs of the 21st century. . . A system that encourages sustainable communities with easier access to our jobs, to our schools, to our homes. A system that decreases travel time and increases mobility. A system that cuts congestion and ups productivity. A system that reduces harmful emissions over time and creates jobs right now.

The President and Transportation Secretary Ray LaHood indicated that they intend to work on the Plan with Congress when it returns after the upcoming elections. Both promised that the Plan would not add to the deficit. According to LaHood, the White House and Congress are working on options to pay for the Plan.

In our earlier blog post we discussed the political conflict surrounding the Plan. LaHood seemed optimistic that the Plan would ultimately garner bipartisan support: “There are no Democratic or Republican bridges or roads – there’s just not.”

According to Rendell, “[t]his is the single best job creation we can do for this country. It puts people back to work.”

On Philadelphia’s agenda are the reconstruction of I-95, an expansion of Philadelphia International Airport, and upgrading SEPTA to the “smart card” fare system. Nutter conveyed his desire to move forward with upgrades to Philadelphia’s transportation infrastructure now, rather than waiting for the situation to become dire:

We should begin investment in our infrastructure now, not wait for an emergency to force us to repair some of these assets . . . In 2008, I-95 was closed for three days while emergency repairs were made following the discovery of a six-foot crack, costing around $60 million in lost productivity and causing untold inconvenience. It is much more efficient and effective, not to mention safer, to invest now before some of these roads crumble and fall.

We will continue to monitor and report on any developments in the President’s Infrastructure Plan.

Small Business Jobs and Credit Act of 2010 Signed into Law

On September 27, 2010, President Obama signed into law the Small Business Jobs and Credit Act of 2010 (Act). The Act was designed to provide immediate relief and is expected to provide critical resources to help small businesses continue to drive economic recovery and create jobs. Significantly, the Act authorizes the creation of a $30 billion fund to encourage lending by community banks to small businesses. The Act also contains a series of tax incentives and revenue changes to the Internal Revenue Code.

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$30 Billion Small Business Lending Fund

The Act establishes a new $30 billion Small Business Lending Fund which will be administered by the Treasury. The Fund will be available to community banks, which could use the money to leverage billions more in loans. The Act will provide smaller community banks with low cost capital - as low as 1% - if they go above and beyond 2009 small business lending levels.

Impact on SBA Programs

The Act increases the maximum loan size for U.S. Small Business Administration (SBA) Loan Programs. Among other provisions, the Act permanently raises the maximum size for SBA’s two largest loan programs, increasing the maximum 7(a) and 504 loans from $2 million to $5 million, and the maximum 504 manufacturing-related loan from $4 million to $5.5 million. In addition, the Act increases the maximum loan size for SBA Express Loans from $350,000 to $1 million. The desired effect is to provide greater access for small businesses to working capital that, in turn, could be used to purchase new inventory and to obtain new orders with the ultimate goal of creating new jobs.

In addition to the lending expansion, an incentive is being offered to strengthen innovative state small business programs, supplying at least $1.5 billion in small business lending through a new State Small Business Credit Initiative. This initiative is designed to encourage private-sector lenders to extend additional credit.

Significant Tax Provisions

The following tax cuts go into effect immediately:

Extension and expansion of small businesses’ ability to immediately expense capital investments: The previous expensing limitation of $250,000 was increased to $500,000 and expanded to include certain qualified real property. This benefit is available to property placed in service after January 1, 2010, and tax years beginning on or after January 1, 2010. This provision applies only in 2010 and 2011 tax years.

Extension of bonus depreciation: This tax cut benefits businesses acquiring property that meets the requirements of Internal Revenue Code Section 168(k) for property purchased and placed in service in 2010. This is a temporary one year extension of bonus depreciation and generally applies only to property placed in service in 2010.

A new deduction of health insurance costs for the self-employed: This benefit applies to self-employed individuals for the 2010 tax year only.

Tax relief and simplification for cell phone deductions: Businesses that provide employees with cell phones or other communication devices can permanently deduct expenses associated therewith for tax years beginning after December 31, 2009.

An increase in the deduction for entrepreneurs' start-up expenses: The Act temporarily increases the amount of start-up expenditures that entrepreneurs can deduct from their taxes for the 2010 tax year from $5,000 to $10,000.

Five-year carryback of general business credits: The Act will allow certain small business to “carry back” their general business credits to offset five years of taxes. This benefit applies only in the 2010 tax year.

Limitations on penalties for errors in tax reporting: Beginning this year, the penalty for failing to report certain tax transactions changes from a fixed dollar amount to a percentage of the tax benefits from the misreported transaction.

Elimination of 100% of gain on sale of certain small business stock: There is a limitation of one-year on stock acquired after the date of enactment and before January 1, 2011, but the 100% exclusion for sale of stock is permanent if the stock meets requirements for qualified small business stock.

Reporting of rental property: Beginning in 2011, taxpayers who receive rental income from leasing real property will be required to file information returns (generally, Form 1099) with the IRS and with service providers (e.g., plumbers, painters, accountants) to report payments of $600 or more to that service provider in any tax year. There will be exemptions from these requirements, but those are to be determined under forthcoming IRS regulations.

Federal Contracting Implications

The desired effect of the Act is to create more opportunities for small businesses. The Act provides grants to enable small businesses to team up with each other to compete for larger and more complex federal government contracts. In order to create a more level playing field for small businesses, greater accountability will be required from large business prime contractors to promptly pay small business subcontractors. Moreover, levy rules for federal contractors with federal tax liabilities have been permanently changed by the Act. Additionally, the Act makes it harder for agencies to “bundle” contracts, a practice that commonly eliminates opportunities for small businesses. The Act adds teeth to the current regulations, making agencies more accountable for reaching small business goals.

Small business owners are encouraged to explore which provisions of the Act may apply to their business, when those provisions begin to apply and how long the relevant provisions will apply.

For further information about the impact of the Act on your business, please contact Marian A. Kornilowicz, Chair of the Business Transactions Group at Cohen Seglias.

Delaware Department of Transportation Unveils Five Year Plan

The Delaware Department of Transportation (DelDOT) recently unveiled its plans to update the Cape Region over the next five years.

Funded Projects

On the agenda of funded projects are intersection and sidewalk improvements, such as realignment of the Plantation-Cedar Grove-Postal Lane intersection, as well as plans to develop the Destination Station Center near Rehoboth Beach. Another highlighted prDelaware.jpgoject is the $14 million plan to connect all the sidewalks and provide additional pedestrian crosswalks across Route 1 between Five Points and the entrance to Rehoboth Beach. Work on this project will occur in fiscal years 2012 and 2013.

Unfunded Projects

Included in the unfunded upgrades are a new Route 9-Route 1 interchange, and the relocation of Route 9. Both of these projects are estimated to cost over $50 million each and will receive engineering money, but no construction funding has been budgeted. Other unfunded projects include widening and improvement of Route 24 from the Love Creek Bridge to Route 1, and improvements to Plantation Road between Route 24 and Route 9. Engineering funding has been made available for the improvements to Route 24, but neither project will receive construction funding.

Funding DelDOT Projects

Money for Delaware’s road projects comes from the state’s transportation trust fund, which is funded by vehicle documentation fees, the gas tax and tolls from Route 1 and Interstate 95, all of which have suffered as a result of the poor economy. In addition to reduced capital, DelDOT must also contend with rising land costs. The Route 26 project in eastern Sussex County marks the first time in DelDOT history that the cost of the land is greater than the cost of engineering and construction.

In light of the economic downturn, and increased land costs, the state is seeking alternative sources of funding. According to Sandy Roumillat, DelDOT spokesperson, “[w]e are looking at the trust fund to see what changes we can make.”

There is conflict between the state and its counties when it comes to transportation funding, especially in Sussex County. Sussex County Councilwoman Joan Deaver has stated that the perception of county officials is that roads are DelDOT’s responsibility. According to Sussex County Council President Vance Phillips:

“There is a disconnect between land use and infrastructure funding. We were told the state would build roads where development would occur, and the state dropped the ball.”

However, in Deaver’s opinion, there is a disconnect between the county and DelDOT. Because of the projects and subdivisions the county approves in non-growth areas and other areas with existing traffic and road condition issues, it should share some of the responsibility. “We have to work with the state and we can’t continue to approve developments in Level 4 rural areas where no road work is planned or will ever be done. We can’t even get road work done in Levels 1 and 2.” Levels 1 and 2 are designations given to high growth areas where development is preferred in the state, whereas Level 4 areas are nongrowth farming areas. According to Deaver, “there needs to be intergovernmental cooperation.” Deaver has also said that developers of big projects need to contribute to road upgrades, which is a policy that DelDOT has adopted.

Update: Governor Christie Cancels ARC Tunnel Project

After weeks of speculation, Governor Chris Christie announced his decision yesterday to cancel the $8.7 billion ARC Tunnel Project. This move came after the ARC Executive Steering Committee informed him that the project could cost New Jersey taxpayers an additional $2-5 million, recommending “immediate and orderly shutdown.” At a Trenton news conference, Governor Christie stated, “The only prudent move is to end this project. I can’t put taxpayers on a never-ending hook.” He ended the project despite urging from Department of Transportation Secretary Ray LaHood.

The cancellation of the project has disappointed many: Hudson County residents, legislators, environmental groups, transportation advocates, and long time supporters of the project-Senators Bob Menendez and Frank Lautenberg. Hudson County executive Tom DeGise stated, “[i]t's a devastating blow for our region.

Senator Menendez has claimed that Governor Christie has been “intent on killing the tunnel,” regardless of the consequences. According to Menendez:

The governor’s public statements portray surprise and uncertainty about cost estimates, but it’s hard to understand how he has so little control of and information about a project that is directed by his own administration. It would seem that a more sensible and level-headed approach on behalf of New Jersey workers, commuters and taxpayers would be to take a deep breath, work with all of the parties involved to identify ways to reign in the costs and get the tunnel built.

Senator Lautenberg’s sentiments mirrored those of Menendez:

Without increased transportation options into Manhattan, New Jersey’s economy will eventually be crippled. The Governor has sentenced New Jersey to a future of insufficient access to New York City, fewer job opportunities, and lower home values.

In discussing the impact on the thousands of citizens affected by the move, Senator Lautenberg also stated that the Governor, “should be talking to the people who are out there stuck in their cars in the morning wanting to go to work. Or the families who are worried about the air their kids breathe.”

Although supporters of the decision feel that it may save taxpayers money in the long-term, it will cost the state money now. The move will cause New Jersey to lose $3 billion in federal funding, and it may have to return the $300 million already invested in the project.

Update: New Jersey Once Again Halts Department of Transportation Projects

Just one day after lifting a suspension for all New Jersey Department of Transportation (NJDOT) construction and design projects, the hold is back on for about 100 design and planning projects.

Late Tuesday, NJDOT Commissioner James Simpson put a hold on projects that are in the early phases of planning and development, stating:

We are taking the prudent step of extending the hold on early planning and design work at least until the bond sale and refinancing plan is executed. We will use this time to conduct a cost-benefit review of each of these proposals.

Impacted by the latest hold are hundreds of engineers, designers and allied workers.

The future of the ARC Tunnel project is still uncertain. Although Governor Chris Christie is on the campaign trail, he is expected to discuss the project with transit officials today, and a decision is expected by the end of this week or next week.

Cohen Seglias remains committed to monitoring and reporting on emerging developments in this story.

Governor Christie and New Jersey Legislature Resolve New Jersey Department of Transportation Stop Work Order

Governor Chris Christie’s decision to halt work on all projects funded by the New Jersey Department of Transportation (NJDOT) led to a total cessation of work on nearly 100 construction and 200 design projects today. Governor Christie stopped the work in response to the Legislature’s Stop.jpgreluctance to approve a $1.25 billion sale of bonds to refinance up to $500 million for the nearly bankrupt Transportation Trust Fund (TTF).

A NJDOT press release issued Friday blamed inaction of the Legislature for the stoppage of work. According to NJDOT Commissioner James Simpson:

We have been forced to implement this work stoppage due to the Legislature’s failure to approve a routine bond transaction for the fifth and final year of a transportation program that was approved under the previous Administration. Because of the Legislature’s failure to act, thousands of engineers, planners, designers and construction workers will be put out of work and project schedules will be disrupted.

Earlier today, after a hearing that lasted almost two hours, members of the State Joint Budget Oversight Committee and representatives of the Office of the Governor finally reached an agreement and those projects previously put on hold will continue tomorrow, allowing thousands of contractors to get back to work. Four of the six committee members voted to approve the sale, Assemblyman Louis D. Greenwald (D-Camden), co-chairman, voted against the sale, while Senator Paul Sarlo (D-Bergen) abstained.

The stoppage stood to impact $1.7 billion of projects throughout New Jersey. In addition to the NJDOT construction projects and design projects, Local Aid county and municipal projects would have been affected as well. Projects funded solely with federal funds would not have been affected.

Although the NJDOT projects have been spared, the future of the ARC Tunnel project remains in limbo, pending the outcome of the review ordered by Governor Christie.

Background of the ARC Tunnel Project

Over the last two decades, New Jersey has focused intensely on how it can better meet the vastly growing demand for transportation to and from New York City. The situation was extensively studied by economists, geologists, planners, engineers, environmental and transportation experts, as well as government officials at the local, state, regional and federal levels. The collaboration of these great minds has resulted in a project known as Access to the Region’s Core (ARC) Tunnel project. Construction on the ARC Tunnel, also known as the Hudson Tunnel, began last summer, and the project is currently the largest public works project in the nation. Just a few weeks ago, advocates of the project were alarmed when Governor Christie ordered a review of the ARC Tunnel’s cost over concern that it could cost more than the latest estimate of $8.7 billion. Supporters of the project feared that Governor Christie would stop the project entirely to divert funds to the TTF.

Benefits of the ARC Tunnel Project

The ARC Tunnel project is expected to greatly benefit New Jersey. A report entitled the ARC Effect, released by the Regional Plan Association in July 2010, elaborates on these expected benefits. According to Arthur D. Silber, Project Chief:

The RPA study highlights how the ARC tunnel will create wealth and grow our economy. The tunnel creates more than 6,000 jobs in the short term and [will] ultimately boost a soft real estate market by increasing home values by billions of dollars.

According to a Fact Sheet about the ARC Tunnel Project the project will run nine miles from Kearny Yards, New Jersey to 34th Street in Manhattan, effectively breaking the trans-Hudson traffic bottleneck. The project will offer direct, transfer-free service to Manhattan for tens of thousands of residents of New Jersey and New York. In addition, the project will increase intrastate service. Proponents of the tunnel believe that, “[t]he economic and environmental benefits make this a project that will grow our economy, preserve our quality of life, and improve the environment.” Some other benefits expected from the ARC Tunnel project include:

• 6,000 construction jobs
• Reduced traffic congestion
• Reduced pollution
• Shorter commuting times
• Increased suburban property values

We will continue to closely monitor both the situation with the Hudson Tunnel, as well as the status of state-funded construction projects in New Jersey, and will provide updates accordingly.

Tragic BP Spill Could Lead to Unexpected Benefits for Pennsylvania and West Virginia

The April 20, 2010 BP oil spill in the Gulf of Mexico has been called the worst environmental disaster in American history. Although the well was recently capped, the spill has resulted in tightened regulations on oil drilling which may unexpectedly benefit other segments of the energy industry, such as Marcellus Shale and coal.

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Public uproar over the BP spill has prompted government officials to impose new, restrictive regulations on oil drilling. These regulations make oil drilling costlier and may drive companies out of the oil drilling market altogether.

Pennsylvania-Marcellus Shale 

As oil drilling becomes more expensive and more heavily regulated, the energy industry may turn to alternative energy sources. One alternative is drilling for the natural gas trapped in Marcellus Shale, which is prevalent in areas of Pennsylvania. As Robert Johnston, Director of Energy and Natural Resources for Eurasia Group in Washington DC explains, “[b]oth shale gas and oil sands have their own challenges but the problems we have seen in the Gulf could lead to a capital shift away from deepwater drilling and toward other sources.”

West Virginia-Coal Mining

Another alternative is mining coal, which is prevalent throughout West Virginia. Some sources even consider coal to be one of the big “winners” of the spill, at least in terms of energy policy.  This is especially true because the coal industry was already growing before the spill occurred. President Obama has previously indicated an intent to invest in clean coal, traditional coal that is processed to reduce the emissions and pollution normally released when coal is burned. With federal funds available and coal plants being built, backlash from the BP spill may encourage additional investment in coal rather than oil.

Increased Construction Jobs for Both Pennsylvania and West Virginia

Marcellus Shale drilling could be a boon for jobs in Pennsylvania as coal mining already accounts for approximately 30,000 jobs in West Virginia. If the effects of the BP oil spill continue to positively impact the alternative energy industries, Pennsylvania and West Virginia stand to see an increase in construction jobs surrounding these alternative energy sources.

President Obama Presents Plan To Upgrade America's Infrastructure

During Laborfest, a union-sponsored Labor Day rally held in Milwaukee, Wisconsin, President Obama announced a plan to spur the American Economy by investing in the country’s crumbling infrastructure. President Obama called for Congress to approve what has been dubbed the Transit Plan, which focuses on much-needed upgrades to the nation’s roads, rails and runways. The Plan will cost $50 billion over 6 years, and establish a government-run bank to finance the transportation overhaul. President Obama and other White House officials are confident that the Plan could lead to job growth within a year.infrastructure.jpgPresident Obama’s address to the Wisconsin crowd on Labor Day was part of the upcoming campaign season. Two days after the Milwaukee rally, President Obama delivered a follow-up speech at the Cuyahoga Community College West Campus in Parma, Ohio, just outside of Cleveland. During his address, President Obama explained why the Plan is imperative for America to remain competitive in the global economy:

Now, there are still thousands of miles of railroads and railways and runways left to repair and improve. And engineers, economists, governors, mayors of every political stripe believe that if we want to compete in this global economy, we need to rebuild this vital infrastructure. There is no reason Europe or China should have the fastest trains or the most modern airports -– we want to put people to work building them right here in America.

This piggybacks what he said at the Labor Day rally, “I want America to have the best infrastructure in the world. We used to have the best infrastructure in the world. We can have it again. We are going to make it happen.”

Transit Plan Details

Some of the major upgrades included in the Plan are the repair of 150,000 miles of road, laying 4,000 miles of rail track and the restoration of 150 miles of runways. The Plan also calls for modernization of the air traffic control system in order to reduce delays. According to a White House Fact Sheet about the Plan, if the Plan is approved by Congress, it is expected to create 2 million direct and indirect jobs as well as stimulate $35 billion per year in new economic activity.

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Rails-to-Trails: A Growing Area of Mid-Atlantic Development

Rails to Trails.jpgMid-Atlantic contractors can expect to see more “rails-to-trails” work opportunities in the near future. In 1916, at the height of railroad expansion in the United States, there were more than 275,000 miles of railroad track across the county. By the 1970s, many railroad companies had declared bankruptcy and large areas of track had fallen into disuse. As a solution for the miles of unused track, the railbanking movement began. Railbanking is the conversion of abandoned rail lines into usable recreational trails, such as hiking, biking, horse riding, that can easily be converted back to rail lines if necessary.

Railbanking allows a railroad company to transfer the interest in the land formerly used as a rail line to a private organization or public agency that may then use the land for any purpose consistent with future restoration of railroad track and service. This development is commonly referred to as the “rails-to-trails” movement.

Railbanking has been the subject of legal challenges, especially in areas where developers would prefer the land be put to commercial use. One such legal challenge arose from the land known as the Armstrong Trail in Western Pennsylvania. This land was railbanked by Conrail, a provider of rail service to freight customers, and transferred to the Allegheny Valley Land Trust after railroad service was terminated. The Allegheny Valley Land Trust converted the land into a public hiking and biking path.

In Moody v. Allegheny Valley Land Trust, the Pennsylvania Supreme Court was asked to decide whether Conrail had properly railbanked the land. The challengers argued that Conrail’s attempt to railbank the land was ineffective because the land was not maintained in a manner that allowed Conrail to immediately restore railroad service. The Allegheny Valley Land Trust argued that use of the land as a trail was not inconsistent with later reinstallation of railroad track in that area. The Court adopted an expansive view of railbanking, holding that Conrail could restore railroad service and that the land did not have to remain free from use in the interim.

The Moody decision was viewed as a great victory for the rails-to-trails movement. Since the decision, there has been an increased interest in rails-to-trails developments. For example, in mid-August, the Commonwealth of Pennsylvania solicited electrical and general contractor bids for a rails-to-trails project in Swatara State Park.

With the momentum from the Moody decision and the large amount of unused track in the mid-Atlantic area, contractors may see increased rails-to-trails projects on the horizon.