Lobbyists stand behind turnpike plan as lawmakers file bills to curb OTA power

Feb. 4—Lawmakers have filed nearly two dozen bills aimed at curtailing the power of eminent domain and the Oklahoma Turnpike Authority as lobbyists launch their support for the agency.

Industry leaders who benefit from turnpike construction have kicked off a campaign to urge lawmakers to support OTA's ACCESS plan. The agency plans to expand the toll road network statewide to include two new turnpikes in Norman.

According to an email from the Association of Oklahoma General Contractors (AOGC), 600 of its members emailed legislators last week and are urged to continue doing so.

The association states on its website that it advocates for "contractors throughout the state" and to be a "unified voice that focuses on building our Oklahoma roads and bridges."

The association's email is from Bobby Stem, executive director for AOGC, and provided instructions on how to contact representatives and senators.

"Most likely, you will be leaving a message but if you do get to talk to someone, be sure to let them know you support ACCESS and any/all investments in Oklahoma infrastructure," Stem's email read.

Stem referred to OTA as the industry's "friends."

"This is a key part of our campaign to support the program AND our friends at OTA," Stem's email stated.

The association directed email recipients to a website it created to make it easy to contact lawmakers. The website features a 40-second video from Stem, who says the support for OTA's plan is "critical in showing our policy makers that people are engaged and are supportive of infrastructure investments in Oklahoma."

In the video, Stem said by reaching out to elected officials, "You'll be helping us to protect the transportation program we have today and support progress that encourages safe roads for tomorrow."

Stem also told The Transcript the Association did not launch a support campaign for the 2016 turnpike expansion plan, Driving Forward.

"The reason why it's different is because this particular program has become so negative," Stem said. "Our goal is simply to say, 'Hey this has been a very one-sided conversation for almost a year.'In the last few weeks it has become so toxic that I think its time for members of the legislature to hear there's a big roundup of engineers, contractors, suppliers that are supportive of this."

Stem said the American Council of Civil Engineers in Oklahoma also supports ACCESS.

ACEC did not return a request for comment.

That the contractors' association would support ACCESS because its members stand to benefit from that construction is not in dispute, Stem said.

He added that he sympathized with the plight of homeowners who will be forced to sell, but public safety along Interstate 35 also had to be considered.

"There are four or more accidents happening every day," Stem said.

"Safe Travels Coalition"

Stem's email also contained a number for the Oklahoma Senate's inbound line, but it answers to the "Safe Travels Coalition."

The line operator then connects the caller to the lawmaker's office to express support.

State records show the coalition is registered to two Oklahoma City real estate agents: Geoffrey and Tara Long.

As required by state law, legal organizations register with the Oklahoma Secretary of State. The coalition, which does not appear to have a website, was formed on Jan. 17 and registered to GDL Legal, PLLC, which stated its listed officers are Tara and Geoffrey Long. GDL formed in 2017.

The Transcript reached out to the Longs, but did not receive a response to comment for this story.

Stem said the coalition was organized on behalf of multiple parties to become a legally formed organization to conduct its support.

Pike Off OTA strikes back

Residents who have resisted OTA plans have another theory about why lobbying efforts have been launched.

The bills up for consideration target what critics say are the unbridled powers of an agency in need of guardrail policies to prevent fraud and cronyism, and ensure best practices in the industry are followed.

Bills include letting residents impacted by proposed turnpike projects vote whether to support them and bills that would void turnpike projects approved by the Legislature if they are not built within five years of legislative approval.

Members of the resistance organization, Pike Off OTA, spoke during an interim study for the Oklahoma Senate's Transportation Committee last year and proposed changes to state law that gives the OTA authorization to construct toll roads.

Pike Off spokeswoman Amy Cerato, whose home is in the path of a proposed turnpike in east Norman, told The Transcript the 20 bills that have been filed have contractors nervous.

The organization has conducted professional training for its members to lobby their own cause to lawmakers, Cerato said.

"They have full time lobbyists who have been going up there every single day that have been doing this for 20 and 30 years," Cerato said of the opposition. "They're exceptionally well-funded and they know exactly what to say. So, we're trying to train our group."

Pike Off members will rotate days to show up at the Capitol and keep a close eye for any bills that might be amended to nullify the intent of proposed laws.

Tassie Hirschfeld, who is also effected by the proposed east Norman toll road, is a plaintiff in the lawsuit between Pike Off and OTA. The lawsuit alleges that the agency does not have the statutory authority to build toll roads in Norman and is in violation of a state law that required certain turnpikes must be built in one bond issuance.

Hirschfeld said news of the lobbying efforts by road contractors struck her as desperate.

"It just feels desperate to me," she said. "I think they just don't know what else to do."

The efforts, she said, follow a series of setbacks the authority has experienced after OTA was found to have violated the Open Meeting Act and plans to issue $5 billion in bonds were subsequently delayed.

The agency also faces a third lawsuit which names contractors who were awarded bids for the agency's ACCESS plan. Because of the open meeting violation, the lawsuit contends contractors must reimburse OTA half of the money it was paid and the second half to the lawsuit plaintiffs, according to Stan Ward, the plaintiffs' attorney.

"You can just see they've had these setbacks, colossal failures, and those failures are getting really expensive," Hirschfeld said.

Contractor support for OTA's plans showed Hirschfeld that contractors and the agency "look out for each other," she said.

Mindy Wood covers City and County government news and notable lawsuits for The Transcript. Reach her at mwood@normantranscript.com or 405-416-4420.