And the Knucklehead Award Goes to…

by James A. Bacon

In the spirit of Don Rippert’s “Clownie” awards, I bequeath the Three Stooges Knucklehead award to the authors of the $100 levy on alternative-energy vehicles, a category that encompasses hybrids. I’m not sure who came up with the idea, but Gov. Bob McDonnell pushed it, and majorities in the House and Senate voted in favor of it, so they own it.

The idea was bird-brained from the beginning. The logic — or perhaps I should say, “the thought process,” for there was no logic to it — behind the tax was that alternative-fuel vehicles don’t pay gas taxes, or they pay lower gas taxes, or something, so, therefore, they don’t pay their fair share of maintaining and building Virginia’s road network.

Let me state for the record that I find it admirable that the wonks inside the McDonnell administration embraced the idea that the transportation system should be based upon a “user pays” system in which the users and beneficiaries of Virginia’s road network pay their proportional share of what it costs to operate it. Owners of alternate fuels vehicles should pay their fair share. Unfortunately, the authors of the legislation decided to apply that logic only to owners of alternative vehicles.

Woob! woob! woob! woob! Under his original plan, McDonnell proposed to eliminate the gas tax entirely, shifting the lion’s share of the transportation tax burden to those who paid sales taxes, which includes just about everybody, including people who don’t even own cars! If everyone was to pay the sales tax and no one was to pay the gasoline tax, in what way could it be said that the owners of non-gasoline vehicles were not paying their fair share?

Under the compromise plan, the state will collect a wholesale gas tax. But the muddled thinkers behind the legislation apparently forgot several things. First, hybrids, electric vehicles and gas-powered vehicles do pay taxes — a sales tax on automobile sales, the automobile registration fee, the sales tax, and tolls on Virginia’s increasingly ubiquitous toll roads. Second, hybrids do consume gasoline, although they may consume less of it than comparably sized vehicles. My wife’s hybrid Toyota Highlander gets 30 miles per gallon on a good day. There are plenty of non-hybrid cars  that get better gas mileage — and they don’t have to pay the levy. Does it really make sense to tax hybrids twice?

I’m a victim of coicumstance! Del. Scott Surovell, D-Fairfax, and Sen. Adam P. Ebbin, D-Alexandria, are miffed at the alternate-fuels tax, and they have started an online petition at www.nohybridtax.com to ask McDonnell to delete it with his line-item veto. Unfortunately, they base their case on the notion that the tax punishes people for making the “right” choice — driving environmentally friendly cars. If they were consistent, they also would oppose taxing retail sales instead of gasoline sales, which is just as wrong-headed from an environmental point of view. But they don’t. In the Times-Dispatch, they tried to convert the controversy into a regional grievance. The tax is unfair to Northern Virginia  because NoVa has the highest concentration of hybrid vehicles in the state.

In sum, the debate over transportation is intellectually incoherent on both sides of the philosophical divide. That’s what you get when everybody stakes a position based upon their own narrow self interest and floats transparently fraudulent arguments about why their special interest should be privileged above all the others.

Oh, a wise guy, eh? The only principle that makes sense for road funding is that users and beneficiaries should pay. At present, the retail gas tax remains the best proxy for a user-pays tax. All other road taxes (except tolls, another user fee) should be scrapped, and the full burden of maintaining roads, bridges and highways should be heaped upon the gas tax. If the tax goes up, it goes up. It’s a friggin’ user fee! When the price of gasoline goes up, people beef about it, and then they get over it. When the price of auto insurance goes up, people beef about it, and they they get over it. When the price of car washes go up… you get the idea. The gasoline tax is a minor item in the total cost of automobile ownership. When the price goes up, they’ll get over it.

Meanwhile, anticipating the day when a large number of people drive cars that don’t consume any gasoline at all, we should be laying the groundwork for a Vehicle Miles Traveled (VMT) tax.

Nyuk! nyuk! nyuk! The burden of building new roads, highways and bridges should be borne by those who benefit from them, either as users or as landowners whose property values rise as a result. Virginia can raise money for new construction through (a) development impact fees, (b) special tax districts on commercial property owners and (c) tolls. If those sources of revenue are insufficient, then the economic justification for building the road probably is non-existent.

Of course, a pure user-pays scheme would take most of the politics out of road financing, and where would that leave the clowns in the General Assembly? The Three Stooges will give up slapstick before Virginia’s politi-clowns relinquish their power.


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16 responses to “And the Knucklehead Award Goes to…”

  1. DJRippert Avatar

    If you are looking for the author of the hybrid tax provision, I’d suggest that you head to Annandale.

    From Blue Virginia:

    ‘On the hybrid fees, Sen. Saslaw strongly defended them, asking “why should people who are paying the gas tax subsidize the people who aren’t paying as much gas tax to use the roads, they’re both using the roads; now you’ve got hybrids coming out in full-size SUVs, full-size cars, these people are using the roads and they aren’t paying the tax…I know that not everybody on this phone call agrees me, but that’s the way it is.”.’

    There is a reason why Dick Saslaw is auto-nominated for Clown of the Year.

  2. HillCityJim Avatar
    HillCityJim

    I am trying to figure out why, when local governments collect annually $1.7 billion (double the amount the new taxing structure will raise) for vehicle decals and property taxes for cars, trucks, buses and trailers, are not these revenues used to fund the roads and bridges for which these taxes and fees are collected for instead of them going into General Fund revenue when those monies are spent on schools etc.

    Seems to me taxes on vehicles should fund roads, sales taxes should fund the GF revenues.

    1. Makes no sense. It’s just the way things evolved.

      A perfect example of why Virginia’s tax system is hopelessly obsolete and in need of an overhaul.

    2. larryg Avatar

      those tax sources ARE used for local transportation in 46 other states and in the 33 Virginia cities and towns – and 2 counties.

      Jim says that’s the way things evolved. Yes. But now ask why not on the table now.

      We have a system that is purposely designed to encourage the private sector to plan development to depend on/co-opt taxpayer-funded transportation infrastructure even if it means other important priorities get delayed.

      NoVa bitches and complains about the Coalfields Expressway and US 460 while pretending it’s own outer beltway is not also bellied up to the trough.

  3. Research into the cost of driving indicates that we should be paying in excess of $10 per gallon in tax as we dump a minimun 29 cents per mile costs on society. The latest “value” of the externalities of driving by the Victoria Transportation Policy Institute put the cost at 54 cents per mile.

    The hybrid fee and sales tax funding policy are totally without any rational basis. It’s all political.

  4. I’m mostly on board with Jim’s rant… but wonder why he does not include user fees for transit.

    It appears that they have indeed carved out some of the sales taxes for transit and it makes sense to me that the urban areas which tend to have more robust transit chronically are short of funds to operate.

    but just listening to Jim – I can see differing views and that combined with the anti-tax fervor on the right have combined to produce 25 years of gridlock.

    so at the end of the day – you do give McD credit for breaking the logjam and transforming the debate – butt ugly for sure.

    still not clear how the regional taxes get spent and already voices suggesting it’s “illegal”. we’ll see.

    I still say there should be no surprise here when the right blocks any/all approaches and offers no alternative ones – for 25 years, this is what can happen. Just ironic that McD himself played in that same sandbox against Deeds.

    so let this be a Lesson to the JimBacon/Grover Norquist school of “out out damn taxes”… it bit you on the butt so stop your whining.

    besides the right has vowed “primary” revenge against these RINOs in sheeps clothing… and hopefully that means the Dems get the Senate back and with a little luck maybe the HD!

    ๐Ÿ˜‰

    Ordinarily, I’d opine that this may not be the end of this..that once the logjam is broke.. more things come loose before things settle back down but with the Cooch in the wings.. I’m not sure he has any taste for anything of this nature unless he can tie Obama to it.

  5. HillCityJim Avatar
    HillCityJim

    LarryG,
    I am not sure what cities and towns you are speaking of but in Lynchburg local taxes and fees collected on vehicles & trailers do not fund roads:

    Public Works โ€“ Street Maintenance. The Street Maintenance program encompasses the administration and maintenance of
    approximately 853 lane miles of roadway, 340 miles of shoulders and 181 miles of sidewalks. The administration includes
    functions such as budget control, staffing, planning, employee development and centralized processing of the core business
    personnel, payroll transactions and records. The maintenance is done by City street crews and private contractors through
    various types of patching and surface repairs, road-shoulder maintenance, and drainage maintenance. Street sweeping and leaf
    collection are also considered core functions of the Streets Division. Nearly all functions of the Streets Division are eligible for
    full reimbursement from the Virginia Department of Transportation (VDOT).

    1. larryg Avatar

      @HillCityJim – okay. But Lynchburg is fully responsible for all it’s roads, right?

      Most cities and towns and the two counties in Va say that VDOT reimbursement does NOT cover ALL of their road costs and I did jump the shark a bit by assuming those costs were paid locally by the jurisdiction and “logically” from transportation-related “user fees” like car property taxes and decals.

      So.. are ALL of Lynchburg’s transportation infrastructure and operation costs covered fully by VDOT reimbursement”?

      the reason most counties give for opposing devolution is that they’ve looked into it and determined that the VDOT reimbursement would NOT fully cover their costs.

  6. Re: Woob! Woob! Woob! When McDonnell put out his original proposal I feel fairly confident saying there’s no way he thought it was going to pass as is. I instead view his original proposal as putting multiple ideas on the table all bundled up into a nice package. From there the houses picked and chose what they wanted. It does seem amazing that this fee somehow stuck and made it into the final version.

    I too understand the thought process although it seems the vehicles McDonnell should have been going after were electric and hybrid-electric vehicles, since 0% of your utility bill goes to maintaining the roadway network. Instead we were left with a fee set at an arbitrary amount targeting some of the right people, but mostly the wrong people like Jim’s wife and her Highlander. Strange thing to say, but glad I don’t own a hybrid…

  7. larryg Avatar

    what McD did. He tipped over the political applecart – and hoped that apples would end up getting rearranged in the process.

    That’s the problem when you have a powerfully-driven legislative agenda – there is no real predicting the outcome. McD knew that when he kicked that sleeping dog.

    1. Larry, couldn’t agree more, but if the hypothetical dog is laying in front of the bathroom door, eventually you’re going to have to pee and kick him. Ideally you don’t get to that point, but we did. I suppose it could have been done in a slower more controlled manner, but that’s the downside to having limited windows for legislative sessions.

      1. larryg Avatar

        @Hokie – well.. 25 years is a long time to avoid kicking the dog,… ๐Ÿ˜‰

        that’s another way of thinking about “limited” opportunities….

        ๐Ÿ˜‰

  8. HillCityJim Avatar
    HillCityJim

    larryg,
    As best I know, the budget document says it all when it says “nearly all.” I do know any new street construction cost for residential subdivision is paid for by the developers until it is taken into the system. We are getting a lot of street repair done under the CSO program which is funded by higher sewer fees and state monies to combat the overflow issues. But by no way are we doing $13 million worth of street maintenance which is what the aforementioned taxes and fees generate.
    I will still say that I think these taxes and fees on vehicles should be used to fund the roads and bridges but that is just MHO.

  9. larryg Avatar

    @HillCityJim – re: auto property taxes/decals

    well I totally agree…. but localities are looser about tying specific taxes/revenue streams to specific spending unless it’s something like water/sewer in enterprise funds.

    but the “hit” up in this neck of the woods about “devolution” is that even with the higher VDOT reimbursement rate – that the locality will have to add additional money and so they oppose it. It could be that’s a ruse just to not make them more responsible for land-use decisions… but we did have two separate “studies” done in two different counties and the increased costs shown in the studies resulted in both countries abruptly dropping the idea of taking over their roads in exchange for higher reimbursement rates.

    question: when you say – new subdivision roads taken into the “system” do you mean the city system or the VDOT system?

    by the way – VDOT still maintains state primary roads even when they go through jurisdictions I believe. I know they have separate access management policies and they are enforced – e.g. Rt 29 in Charlottesville and I suspect in Lynchburg.

  10. Even people who don’t own cars —- still use and depend on roads.

    They should pay $100 fee, like hybrid owners, and for the same reason.

  11. larryg Avatar

    re: even people who don’t have cars….

    true.

    but trying to think of what you’d use that does not have the cost of roads incorporated into the price of it.

    for instance, when you get something from Fed Ex – you pay them to deliver to you and part of that delivery cost is their costs of using the roads.

    ditto if you use a taxi or a bus or have anything else brought to your house.

    the road costs are incorporated into the fee you pay for what is delivered.

    right? wrong?

    are there examples of how folks use roads that don’t end up paying a fee through a 3rd party?

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