The legal term, Res ipsa loquitur, or “the thing speaks for itself,” posits that “one is presumed to be negligent if he/she/it had exclusive control of whatever caused the injury even though there is no specific evidence of an act of negligence, and without negligence the accident would not have happened.”

Under this legal doctrine, one could conclude that Governor Christie has been negligent in regard to New Jersey’s current transportation funding crisis.

New Jersey’s transportation funding strategy has been reliant on debt for some time, but the problem has become especially dire under the current administration. In 1984, Governor Tom Kean created the Transportation Trust Fund (TTF) with the intent to not only create a “stable and predictable” funding source for transportation projects, but also to keep that funding sheltered from the annual budget process. Under Governor Kean, 77 percent of transportation funding came from pay-as-you-go (PAYGO) financing, but when Governor Jim Florio took office in 1991, that percentage took a nosedive. This trend continued with each subsequent administration, and debt has become the primary source of funding transportation in New Jersey ever since. Today, under Governor Christie, PAYGO accounts for less than 3 percent of transportation financing.

It’s no wonder the state’s current five-year capital plan will run out of funding a year early. At a recent budget hearing in Trenton, NJDOT Commissioner James Simpson put the 2016 funding gap at $620 million with no funding source identified. A report issued by the non-partisan Office of Legislative Services warned that “if the size of the transportation capital program does not increase after 2016, it is possible that recent improvements that have been realized in the condition of the state of transportation infrastructure will be reversed.”

This pressure is further exacerbated by the $692 million funding gap expected in 2017 after the expiration of temporary Turnpike Authority and PANYNJ contributions.

But it doesn’t stop there.

Over the past few years, the PAYGO revenue from the Turnpike Authority has been used to plug General Fund deficits due to overly optimistic state revenue projections. In light of reports of this year’s $807 million revenue shortfall it appears additional revenue will also need to be identified for the General Fund to avoid more borrowing or cuts – something State Treasurer Andrew Sidamon-Eristoff has said the State would need to consider.

Which brings us to the gas tax. New Jersey’s gas tax – now the second-lowest in the nation since Wyoming passed a 10-cent gas tax increase in 2013 – has not been increased in 26 years and, when adjusted for inflation, is shrinking every year. Assemblyman John Wisniewski has long been a supporter of raising the gas tax, but is unwilling to push the issue unless the Governor would support it. Assembly Speaker Vincent Prieto has also been vocal about the need to raise New Jersey’s gas tax and says state leaders need to have an “honest discussion” about transportation funding. And State Senator Raymond J. Lesniak introduced S1865, which calls for a 15 cent gas tax increase over three years, the projected revenue from which would be roughly $750 million ($50 million for every 1 cent increase), but it barely makes a dent in the $1.23 billion that’s needed to service the TTF’s 2015 debt.

Unfortunately, the Governor’s continued inaction on identifying a sustainable transportation funding source ensures that current and future projects are in jeopardy.