#ncga: Rep. Moffitt says I-77 toll contracts “can be cancelled out”
Gov. Pat McCrory and Senate nominee Thom Tillis and state House president pro tem Skip Stam have all told us to BEND OVER and wait for those toll roads. They’re coming. But Asheville’s Tim Moffitt (R) — locked in a tight reelection fight for the state House — says NOT SO FAST.
At last week’s Asheville Tea Party meeting, Moffitt took some questions from constituents about toll lanes and toll roads (AUDIO IS HERE).
“First of all, it’s just been conversations that have happened. No commitments have been made,” the Asheville Republican can be heard saying.
Well, what about the signed contracts between the state and that Spanish company, a constituent can be heard asking.
“Contracts?,’ says Moffitt.” With the DOT? Those can be cancelled out.”
The legislator continues: “What does that matter? We control the purse strings. Any executive branch agency can sign any contract they want. It’s up to the General Assembly to provide the funding for it to allow it to go forward. The legislature has not made a commitment.”
Um, BOOM.
The point is that this is incorrect. From Amna Cameron, NCGA Fiscal Research Division, in response to a general question about whether the NCGA can simply cancel the contract with Cintra, or whether there are still necessary steps from the NCGA to fund the I-77 Express Lanes project:
“State law requires every contract to include a provision that contracts can be cancelled based on the availability of funds. Theoretically, the legislature has the authority when it’s in session to pass a bill that removes funding for a project.
“That being said, doing so sends shock waves through the bond market. That’s why you never hear about such an aggressive move by states unless there is a quick and hard economic downturn.
“DOT does not need further legislative authority to sign the contract. DOT has met all of the legislative requirements, including LGC approval of the debt issuance.
“Members think financial close will happen by the end of the year, well before the next session.
“The legislature does not need to appropriate additional funds. All legislative requirements have been met.”
Meaning, Rep. Moffitt is incorrect. He is either misinformed on how the project works, OR he was deliberately misinforming his constituents. The “commitment” as he put it, HAS been made. Only legal action from WidenI-77.org can stop it now.
If the contracts are not yet signed the tolls can be defeated. Since toll road Tillis will not be returning to the legislature this can be defeated. If Tillis is defeated tomorrow it will really send a message. It’s funny how the Democrat will save the tax payers more money than the “Republican” Tillis.
That’s a good point. Thom’s ambition in chasing this senate seat may be the underlying thing that makes unwinding the toll road feasible. The worse he loses, the less inclined the remainder of the NCleg will be to carry the bones of his policies.
The initial contracts HAVE been signed, and they expect financial close before the end of the year. At that point, they will be able to begin getting permits, finalizing design, etc.
For the NCGA to come in months AFTER that point and pull the rug out, abrogating those contracts, would be shooting the State’s fiscal reputation in the foot.
Give some money to WidenI-77.org. They will be fighting in court to stop the toll lanes. Don’t trust pols like Tim “P3” Moffitt to save your bacon.
I am a little skeptical here, too. Though, these guys DID set a precedent with their move on the Dix property sale. I am a firm believer that a deal is a deal is a deal. If you sign your name to something, you need to stand by it.
I know the DIx sale had to be approved by the Council of State. It is a shame that deals like this don’t have to be approved by the legislature, like treaties have to be approved by the US Senate. This is a major commitment by the state.
This sounds like double talk to me. So it’s possible for pigs to fly if they had wings and they WANTED to fly and they
…and they got some campaign money to fly and the Pig governor didn’t want to keep the toll roads because he has friends in the Green movement to impress. S0 yeah it’s possible that the signed contracts could by “canceled out” if….
The person I talked to at NCDOT (who asked not to be identified) said that yes, it’s “technically true” that the House, Senate, and Governor could cancel the I-77 project by pulling the funding. But since this would happen several months AFTER the private company Cintra had already achieved financial closure, signed the final contracts, raised all the private money, and begun the final design and permit applications… “It would be like dropping a bomb on the State’s reputation in the bond market. Not. Going. To. Happen.”
But that didn’t stop Rep. Moffitt from telling his constituents, ‘don’t worry, this is how the project can be stopped.’
Rep. Moffitt loses to Brian Turner, fellow Buncombe Rep. Nathan Ramsey loses to John Ager – two of the four GOP losses in the NC House.
Will the new speaker try to repeal Tillis amnesty bill?