by Michael Hill, 3 October 2021 | Comments
The I-30 Crossing is an ongoing project to rework the 6.7-mile I-30 corridor between I-30 and I-530 that runs through downtown Little Rock and North Little Rock. It includes widening I-30 to 10 lanes in some locations from the current six lanes. It also includes replacing and adding numerous ramps, bridges, and a significant crossing over the Arkansas River. The cost estimate has varied over the years. The variation comes as the size of the project has changed during negotiations with the contractor. In 2019, the project costs were estimated to be $535 million (Oman, 2019). However, the project has grown and now looks to spend upwards of 1 billion for the 30 Crossing (Oman, 2021).
Because of the size of the project, the Arkansas Department of Transportation (ARDOT) investigated different ways to construct and fund the large project. The construction method chosen is called construction manager-general contractor (CMGC) (HB2273, 2017). It is supposed to be a cost-effective means of building highway projects. However, it is one that Arkansas has never used before. The funding was to come from a 10-year, half-cent sales tax to improve the state's intermodal transportation system (CAP, 2012).
The project has drawn resistance from some in public from its start. Those that oppose the 30 Crossing have worked to stop it from several angles. The first was a lawsuit concerned with the thoroughness of the environmental study and its review. However, further lawsuits have included both the construction method and the project's funding.
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| Image source: ARDOT |
New Construction Method
The 30 Crossing is the largest and most complex project ever taken on by ARDOT. The project must completely rework the travel way through Little Rock and North Little Rock's heart while maintaining traffic on the roadway and barge traffic on the river. The 30 Crossing is a massive challenge for ARDOT. Fortunately, the Arkansas legislature has given the Department another tool to address large projects. ARDOT has chosen to use for the first time, a project delivery process that has only recently been approved for the Department to use. The construction manager-general contractor (CMGC) method is when a Contractor agrees to supply a minimum amount of project elements at a set maximum cost. If more money is available, more project elements can be added to the project. It involves the contractor in the design phase. It also allows the contractor to make design changes during the project as long as it stays within agreed-upon criteria agreed on before the project (HB2273, 2017). The contractors involved are Kiewit and Massman, who have teamed up to take on this significant project as a joint venture.
New Funding Method
Arkansas has traditionally received funding for roads and bridges from fuel taxes, vehicle regitraton fees, driver license fees, natural gas serverance tax, various other permit fees, and federal funding. That all changed in 2012 when Arkansas voters approved changing Amendment 91 of the Arkansas Constitution for a ten-year temporary one-half percent (0.5%) sales and use tax for state highways and bridges, county roads, bridges, and other surface transportation. The tax was made permanent in 2020 with the passage of Issue 1 by Arkansas voters and made part of the Arkansas Constitution. The sales tax could raise as much as $300 million a year in additional monies (Buckner, 2020). ARDOT choose to include the 30 Crossing as the most significant project to take on with the sales tax funding.
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| Image source: Arkansas Democrat-Gazette |
Legal Issues
Before the I-30 Crossing project even started, there were threats of lawsuits to stop it. A local group brought the first lawsuit on May 20th, 2019. The lawsuit challenged how the environmental assessment for the project was put together. A second lawsuit was later filed built on that first suit and filed the case under the National Environment Policy Act (NEPA). In the lawsuit, Richard Mays of Little Rock, the lead attorney for the plaintiffs, wrote, "This is one of the most significant cases brought under NEPA in the State of Arkansas" (Oman, 2019). Mays continues with the argument that as work continues, it makes it harder to stop, and for that reason, all work should cease until the case is decided (Oman, 2019).
According to the lawsuit, the environmental assessment for the 6.7-mile project was flawed and contained many omissions. It also claims that the Federal Highway Administration (FHWA) failed in its job of determining the adequacy of the analysis (Oman, 2019). Even the design method CMGC is also part of the environmental lawsuit. Because CMGC allows the contractor to make design changes during the project, the plaintiffs argue that the initial required environmental impact study could be null and void. The argument is that a change in project scope would necessitate an additional environmental study (Oman, 2019). If this is the case, a primary tenant of the CMGC, giving flexibility to the contractor to innovative, would be null and void.
The latest legal challenge has been on the funding source. In 2012, Arkansas voters approved changing Amendment 91 of the Arkansas Constitution. The change made it so that a "temporary one-half percent (0.5%) sales and use tax for state highways and bridges, county roads, bridges, and other surface transportation, with the state's portion to secure state of Arkansas general obligation four-lane highway construction" (Buckner, 2020). By including "four-lane" in that change, it has now created a funding nightmare for ARDOT. The Arkansas Supreme Court ruled that no funds from the 0.5% sales tax can be used on the I-30 River Crossing because of the four-lane wording. I-30 is currently six lanes in many areas, and the project is to expand it to even more lanes. The Department has not formally said how they now plan to fund the 30-Crossing or how they plan to repay the funds already spent.
Conclusion
Work continues to proceed as the lawsuits make their way through the court system. With the project's growth nearing 1 billion dollars, funding will continue to be a significant issue for ARDOT. However, the CMGC method is designed for rapid build-out of a project, and work continues. Perhaps the project will be substantially completed before the lawsuits are decided. In any case, there is no chance of putting things back the way it was. Going forward with the project seems to be the only logical option available.
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| Image source: Arkansas Democrat-Gazette |
Annotated Bibliography
Oman. N. (2019, July). Stop $631.7 M work on I-30 through downtown Little Rock and North Little Rock, lawsuit says. Retrieved September 26th, 2021 from https://www.arkansasonline.com/news/2019/jul/04/stop-i-30-work-weigh-its-effect-suit-sa/
A lawsuit was filed to stop any work on the I-30 corridor through downtown Little Rock and North Little Rock. An injunction is necessary, says Richard Mays of Little Rock, the lead attorney for the plaintiffs. The injunction is necessary because the work continues "… might influence or prejudice the choice of alternatives or environmental impacts relative to the project, or irretrievably or irreversibly commit to a particular plan of action for the project, pending final hearing in this case."
The lawsuit was brought under the National Environment Policy Act (NEPA) and claimed that the environmental assessment had not thoroughly considered the complicated project. The lawsuit also claims that the Federal Highway Administration (FHWA) failed in its duty when it concluded that environmental assessment shows the project will have no significant effects on the environment.
Oman. N. (2021, September). Judge denies state's request to reconsider 30 Crossing lawsuit ruling against dismissal. Arkansas Democrat-Gazette. Retrieved September 25th, 2021 from https://www.arkansasonline.com/news/2021/sep/15/judge-denies-states-request-to-reconsider-30/
In November, a group of plaintiffs led by the Little Rock Downtown Neighborhood Association sued the Arkansas Highway Commission and various executive branch members, including Gov. Asa Hutchinson. They wanted to stop the I-30 Crossing Project, and restricting funding was another method they used.
HB2273. (2017). Arkansas State Legislature. 91st General Assembly – Regular Session, 2017. Retrieved September 24th, 2021, from https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2017R%2FPublic%2F&file=809.pdf&ddBienniumSession=2017%2F2017R
The Arkansas General Assembly recognizes that an efficient transportation system is needed but expensive. Current revenues and delivery methods are inadequate to maintain and preserve the existing infrastructure and make highway improvements. The State Highway Commission is interested in using a construction manager-general contractor (CMGC) method as a cost-effective means of constructing highway projects. This method is different from Arkansas's traditional design-bid-build method. The CMGC method accelerates project delivery by the owner hiring a contractor to provide feedback during the design phase before construction begins. The contractor acts as a consultant in the design process and uses experience, best practices, and innovations to reduce costs and speed project delivery. The contractor has more control in CMGC but takes on more risks since they lead the project. The contractor may begin construction while the design is unfinished, increasing the project's speed and risk.
CAP. (2012). Connecting Arkansas Program. Retrieved September 24th, 2021, from https://connectingarkansasprogram.com/
The Connecting Arkansas Program (CAP) is one of the largest highway construction programs ever done by ARDOT. A constitutional amendment was passed in 2012 that provided a 10-year, half-cent sales tax to improve the state's transportation system. It was a 1.8 billion project and included improvements and widen of about 200 miles of highways and interstates. It's purpose was to improve connections between cities, increase capacity by widening highways, and accelerate highway improvement projects.
Buckner. M. (2020, October). Arkansas Supreme Court rules 0.5% sales tax can't be used for I-30 Crossing project. THV11. Retrieved September 24th, 2021, from https://www.thv11.com/article/news/local/arkansas-supreme-court-sales-tax-i-30-crossing/91-18a972b1-4b6e-47e8-a63c-562051632f6c
The Arkansas Supreme Court ruled that an amendment approved by Arkansas voters in 2012 to provide a half-cent sales tax for construction of highways wider than four lanes, can't be used for the I-30 widening project. Amendment 91 of the Arkansas Constitution says "…temporary one-half present (0.5%) sales and use tax for state highways and bridges, county roads, bridges and other surface transportation, with the state's portion to secure state of Arkansas general obligation four-lane highway construction." The I-30 crossing being six lanes rather than the four lanes mentioned in amendment, precludes money from the sales tax from being used on the I-30 Crossing.