Holmes & Associates serves as strategic advisors to state departments of transportation, MPOs, and transit authorities regarding expansion of the state’s transportation options to include passenger rail transportation. Our work includes assisting clients in the early stages of system planning where we advise on matters of governance, board structure, and negotiating cooperative agreements with other transit providers in the area. In implementing broader legal strategies, we assist clients in drafting complementary legislation — for example, we have drafted and negotiated legislation necessary to construct and implement rail transit systems including authorizing additional funding for public transportation services and modifying governance structure to allow for system expansion.

Representative Matters

• Negotiated and drafted several multi-party, inter-governmental agreements among public transportation provider client, state transportation department, municipalities and other local government entities, state institutions of higher education and other stakeholders with respect to Silver Line extension of the Washington Area Metropolitan Area Transit Authority’s (Metro) rail system.
• Negotiated intergovernmental agreement among 42-local government entities to limit the scope of local permitting for the planning, design, construction, and operation of rail systems within the local jurisdictional limits of the Utah Transit Authority (UTA) commuter rail system.
• Negotiated intergovernmental agreement with municipalities for public right of way to allow construction of street-running tracks, passenger stations, operations and maintenance, liability, utility, and traffic operations issues to allow for construction of the UTA light rail system.
• Worked collaboratively on behalf of the Federal Railroad Administration (FRA) to build coalitions among stakeholder groups (states, freight railroads, and Amtrak) to discover and document key opportunities and concerns regarding the High Speed Intercity Passenger Rail (HSIPR) program.
• Supported FRA negotiations with Class 1 freight carriers for access to the freight rail network for the HSIPR program.
• Drafted the main frame of HSIPR program policies for consideration by FRA and key stakeholders which were subsequently adopted by the administration, including requirements for the HSIPR grant program such as quantitative performance standards and quarterly reporting requirements to monitor service performance improvements resulting from federal investment.
• Served as counsel to the City and County of Honolulu to support the development of a 20-mile fixed guide way transit project. Advised on federal program compliance, environmental review, right of way acquisition, and matters relating to planning, financing, design, construction, and operation.
• Served as attorney and strategist on behalf of the North County Transit District in the development of alternative operating scenarios and potential ownership structures for future commuter rail operations in San Diego County.
• Provided legal counsel to the Oregon Department of Transportation on a wide array of matters related to expansion of passenger rail service options, including high-speed rail, throughout the State. Drafted framework agreements executed by numerous stakeholders supportive of the Oregon’s high-speed rail application including Union Pacific Railroad, Burlington Northern and Santa Fe, Amtrak, and a regional short-line operator.
• Strategy and policy advisor to the states of Oregon, California and Washington to support the formation of the West Coast Infrastructure Exchange, a regional alliance dedicated to facilitating private investment in public infrastructure projects to accelerate project delivery. Developed multi-jurisdictional solutions to institutional and governance issues implicated by the creation of a type of public-private-partnership unit new in the United States experience.
• Served as Special Counsel to the State of Arizona providing strategic advice regarding expansion of the state’s transportation options to include passenger rail transportation. Advised on rail transportation related legislative and policy matters following review of the Arizona Department of Transportation’s ability under existing legislative powers to develop and operate passenger rail systems, and review of several strategies potentially available to fund rail systems. Made recommendations regarding the development, operation and funding of a rail system.
• Drafted and negotiated legislation on behalf of UTA necessary to construct and implement the rail transit system including authorizing additional funding for public transportation services and modifying governance structure to allow for system expansion.
• Secured legislation for the State of Utah to increase its funding commitment to UTA in an amount necessary to receive $400 million of federal grant funds, and legislation authorizing the agency to construct capital projects using the design/build method. Both of these actions were necessary for the agency’s light rail transit system to be extended to the University of Utah in time for the 2002 Olympic Winter Games.
• Provided comprehensive training course materials and instruction to Valley Transportation Authority’s governing board regarding duty of care and duty of loyalty requirements in the context of multi-jurisdictional, regional public agency boards.
• On behalf of the UTA, negotiated and drafted several multi-party, inter-governmental agreements among public transportation provider client, state transportation department, municipalities and other local government entities, state institutions of higher education and other stakeholders with respect to several street-running light rail projects.
• Strategic advisor to the UTA Board of Trustees in the adoption of a strategic plan to guide the Authority through a period of growth and expansion. Led the board to reorganize the board governance structure and to revise, update, and simplify all board policies, processes, and procedures. Developed policies at the management level to implement the board directives and to align board strategy with day-to-day business operations. Worked closely with the executive team and staff to develop policies and implementing directives, procedures, reporting mechanisms, and materials. Provided leadership and oversight throughout this multi-year process and reported progress on a regular basis to the board of trustees.

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Representative PRESENTATIONS AND PUBLICATIONS

• “State Rail Planning: Balancing the Conflicts and Removing the Barriers,” American Public Transportation Association 2010 Rail Conference, Vancouver, BC (June 2010)
• “Making Way for Rail Transit in Salt Lake City—A Case Study for Success,” Keynote Address, WTS 2nd Annual Professional Development Seminar, Round Rock, Texas (September 2009)
• “Statutory and Regulatory Requirements: A National Perspective,” The National Council for Public-Private Partnerships (NCPPP) Implementation of Public-Private Partnerships for Transit, San Diego, California, (July 2009)
• “Key Legislative and Statutory Factors for PPP Implementation,” American Public Transportation Association 2009 Rail Conference, Chicago, Illinois (June 2009)
• “The Art of Letting Them Have Your Way (For Their Reasons),” University of Utah School of Business, Masters of Public Administration Program, Salt Lake City, Utah (May 2009)
• “PPP and Beyond: Overcoming Legislative Obstacles to PPP Opportunities,” American Public Transportation Association 2009 Legal Affairs Conference, Santa Monica, California (February 2009)
• “Duty of Care in Light of Sarbanes-Oxley: Best Practices for Transit Board Members,” American Public Transportation Association 2007 Legal Affairs Conference, Charleston, South Carolina (February 2007)
• “Overcoming Obstacles to Transit Success,” WTS Conference, Raleigh, North Carolina (October 2006)
• “Interlocal Agreements: Confusion to Clarity,” American Public Transportation Association 2004 Rail Transit Conference, Miami, Florida (June 2004)

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