PHOENIX โ Democratic Gov. Katie Hobbs is directly negotiating with Republican legislative leaders to try to craft a deal to ask Maricopa County voters to extend a half-cent sales tax that for nearly 40 years has paid for new freeways, bus routes and light rail transportation projects.
Whether the efforts succeed will have implications for the rest of the state.
The bid to put Proposition 400 on the ballot has an uphill fight despite unanimous support for an updated plan from the 27 mayors, three tribes and two counties in the Maricopa Association of Governments, or MAG, the regional planning organization that oversees the transportation spending.
Powerful conservative groups, including the Arizona Free Enterprise Club, strongly oppose the plan submitted by MAG. A large number of Republican lawmakers who control the Arizona Legislature have joined them, voicing opposition to not just the idea of financing public transportation but also to provisions to improve air quality. They have refused to approve it without major revisions.
Their major beef is with the amount of money that pays for public transit, including buses and light rail.
If the tax extension fails, either because the Legislature refuses to endorse a local election to extend it or because a revamped plan crafted by lawmakers and signed by Hobbs is rejected by voters, it could upend new highway construction statewide.
Maricopa County, home to nearly two-thirds of the stateโs residents, would suddenly be without its dedicated transportation funding stream for its share of projects.
Potentially more significant, that means the county, whose residents have largely self-funded massive freeway expansion projects, paid for a regional bus system and built miles of new light rail over the past 40 years, now would suddenly be competing with the rest of the state for federal funding.
โIf youโre Kingman, Arizona, or youโre the mayor of Yuma, or youโre the mayor of Flagstaff, you donโt want Maricopa County competing with you for federal transportation dollars,โโ said Kenn Weise, the mayor of Avondale and chair of MAG.
Freeways would get 40%
The Legislature is involved because of a 1999 law that requires it and the governor to give their OK before Maricopa County can put a local transportation sales tax on the ballot. No other county faces similar roadblocks.
Lawmakers passed MAGโs plan last year, but it was vetoed by Republican former Gov. Doug Ducey, who complained its longer 25-year length made it a tax increase. Two previous tax plans lasted 20 years.
He also criticized what he called flowery ballot language, said a planned special election would have low turnout, that inflation made it a bad time for a tax measure, and said it failed to take into account new federal infrastructure money.
A more conservative Legislature this year means backers of the tax extension vote must overcome strong opposition to get the plan to Hobbsโ desk. Republican lawmakers, including Senate President Warren Petersen of Gilbert, donโt trust the planning group.
โMAG is completely unaccountable,โโ Petersen said in an interview last month. โYeah, youโve got mayors that have some oversight, but not really. These mayors are overwhelmed busy.โโ
Weise called that โa bunch of crap.โโ
โMAG has been running transportation for 40 years and incredibly successfully,โโ he said in an interview Wednesday.
โAnd thatโs an insult to mayors when he says that MAG is a big bureaucracy and basically the mayors donโt know whatโs going on and they delegate,โโ Weiss said. โThat is absolutely not true.โโ
MAGโs plan would use 40.3% of its funding for mass transit, primarily bus service.
Four percent would go to maintaining light rail. But, in an acknowledgment to the opposition, none of that money could be used to expand the system, currently at 28 miles, though another approximately 10 miles already is under construction or at least funded by the current levy.
Instead, plans to complete the envisioned 50-mile system by 2030 would instead have to rely on federal cash dedicated to mass transit and separate city funding. That doesnโt include another extension being studied into northeast Phoenix planned for 2040.
The rest of the money would go to freeways, major roads and regional programs, including initiatives to address the Phoenix regionโs poor air quality. Freeways alone would get 40%.
Competing legislative proposals
If renewed when it expires at the end of 2025, the tax is expected to raise nearly $20 billion in 2020 dollars over its life, according to MAG.
The Legislature has advanced two competing proposals. Both cut the new tax to 20 years.
One, backed by the Free Enterprise Club and GOP lawmakers David Farnsworth of Mesa and David Cook of Globe, would cut the transit spending to 26% while boosting freeway spending to 52% of the total and allocating 22% to other major road and regional projects.
Free Enterprise Club lobbyist Amy Yentes testified that Farnsworthโs original Senate bill gave just 5% to transit, โand we think thatโs generousโโ based on ridership data.
Another plan, backed by Rep. David Livingston, R-Peoria, would give 40% to freeways, 21% to other roads and regional projects and allocate 39% to transit. His bill also includes unrelated issues that have failed to advance on their own: zoning changes designed to boost the housing supply and barring cities or counties from prohibiting โpocket shelters,โโ homeless shelters that have fewer than 32 residents run by nonprofit or religious groups.
Both of those proposals await action in the House.
Petersen, meanwhile, has his own plan, which has not been formally introduced. It would give at least 47.5% to freeway projects, 19% to local roads and to address regional issues, including air quality, and 33.5% to transit.
The sweetener for MAG in that plan is it would fund all the roadways included in its longer 25-year plan, including a new east-west freeway in the southern part of metro Phoenix running from Interstate 17 west to Avondale, known as SR30. The freeway is designed to provide an alternative to Interstate 10, which can become a parking lot during rush hours.
All three legislative plans add major strings to the spending, limiting MAGโs ability to choose new programs or move projects at will or adopt and fund emerging technologies.
Hobbs, who would have to sign whatever emerges, declined to give details on the negotiations but said she hopes they will bear fruit.
โI see this as a pretty important piece of legislation for the region and the state as well, and we are working to get it across the finish line,โโ the governor told reporters at a press availability. โThe sticking points are pretty well known,โ she said.
Sparring with Hobbs
Hobbs has made it clear she wants something on her desk. In a tweet last week, she pointed to an Arizona Republic editorial that said conservative GOP lawmakers were holding an extension of the tax that has boosted the regionโs economy hostage because they donโt like public transit.
โItโs time for the Legislature to stop playing games,โโ Hobbs wrote. โMaricopa County voters deserve the chance to make their voices heard.โโ
Petersen responded by calling her tweet โbizarreโโ and noting it came just as lawmakers were sitting down to negotiate with Hobbs.
โOur plan has more roads, less congestion and is a better value to the taxpayer,โโ Petersen said.
Weise said the GOP lawmakers heโs met with, including Queen Creek Sen. Jake Hoffman, who Petersen tapped as a negotiator, just donโt get how important transit is. He said Hoffman and others scoffed when he noted that metro Phoenix light rail and buses counted 32 million boardings last year.
โAnd Hoffman says to me โwell those arenโt real people,โ โ Weise said. โAnd I said, โWell, theyโre not puppies and theyโre not kittens and theyโre not ghosts.โ โ
Hoffman, for his part, disputed the quote.
He did say, though, that his point was that Weise appeared to be promoting the claim that 32 million people used mass transit, something he said clearly was not possible in a state with only about 7.3 million residents. The actual number of Arizonans who boarded buses and light rail, Hoffman said, is far, far less.
Weise, however, said the fact is these are people like single moms with two jobs and no car who need to get to work and get their kids to school.
โI will tell you that happens every day in Avondale and Buckeye. It happens in Tempe,โโ Weise said. โIt happens all across the valley.โโ
Weise said when he asked what should happen with these people, โThere wasnโt an answer.โโ
Yentes, of the Free Enterprise Club, said transit accounts for just 1% of the regionโs passenger miles, and that does not justify spending more on those programs.
Weise said he quit his full-time job in December to focus on his mayor post and especially on getting the extension of Proposition 400 on the ballot.
โThe Legislature is not voting for a sales tax,โโ he said. โTheyโre voting to send this to the people. Just pass the bill, give it to the governor and โฆ if itโs a horrible plan, the people donโt vote for it.โโ
