Buckle Your Seatbelts, HUFs and MBUFs Are Coming

Image source: JLARC

by James A. Bacon

For once, Virginia’s Virginia’s $8 billion-a-year surface transportation system (roads, highways, bridges, mass transit) is not in crisis. The system is in pretty good shape, and it is well financed, concludes a new Joint Legislative Audit and Review Commission (JLARC) report.

Recent tax increases bringing in more than $800 million a year ensure that Virginia will have the resources in the near- to mid-term future to make needed improvements. But longer term, the evolution of Virginia’s automobile fleet from gasoline-combustion engines to hybrid and electric vehicles will undermine a transportation-funding system which generates 29% of its revenue from taxes on gasoline and diesel fuel.

The solution is moving to a Highway User Fee (HUF) — first a flat fee, and then a Mileage Based User Fee (MBUF) based upon the number of in-state vehicle miles driven, the report says. But to build public acceptance for a mileage-based fee Virginia should act now to address privacy concerns and evaluate the cost of administering the fee, JLARC says.

As the commonwealth begins implementing the user fees, Virginians will be hearing more about HUFs and MBUFs in the very future. Only two other states have established permanent MBUF programs, and they have only a few thousand participants. Virginia’s program is more ambitious. As the JLARC study says, “Virginia’s MBUF is being modeled on the Oregon and Utah programs but will likely begin as a much larger program.” JLARC expects at least 2.6 million Virginians (38% of vehicle owners) will be charged user fees in the next two years.

The user fees will be voluntary early on as the state works out the kinks of setting them up. But they could well become a full substitute for paying diesel and gasoline taxes.

Better condition than most. “Virginia’s transportation infrastructure is in better condition than most other states,” says the report. Virginia ranks 13th among states for pavement condition and 17th for bridge condition. Fewer bridges are rated “structurally deficient” than in the past.

But there are a couple of caveats. For one, a quarter of the bridges are close to being deficient, being only one rating point away on a 10-point scale. For another, locally maintained roads are in poorer condition than state-maintained roads. Fifty-six percent of locally maintained roads in the Richmond transportation region are rated in “sufficient” condition compared to 83% for VDOT-maintained roads.

But the problems seem manageable. In 2019 and 2020, the General Assembly raised truck fees and diesel taxes, collecting significantly more in revenue from commercial trucks. It also boosted the fuel tax rate by 10 cents per gallon over two years, and the diesel rate by seven cents, and indexed both for inflation. Those changes, when combined with an increased in motor vehicle sales, yielded $578 million (16% more) in annual state revenues. Additionally, the implementation of regional taxes is expected to net another $300 million for regional projects.

Because fuel taxes are now indexed for inflation, higher taxes per gallon are expected to offset the anticipated slide in the number of gallons sold as cars become more fuel efficient or consume no gas at all. Any revenue projections are fraught with uncertainty, however, as it is unknown how rapidly Americans will shift from gas-powered cars to electric vehicles.

HUFs and MBUFs. Looking toward an EV future, Virginia implemented a flat Highway User Fee to raise money from vehicles that don’t contribute to the tax base by paying gasoline taxes. User fees generated $43 million in FY 2021. That’s just the beginning. Says JLARC:

Virginia is currently establishing a voluntary MBUF program, and a second or third generation of this program could one day expand to enroll all Virginia vehicle owners. For example, using reasonable assumptions about taxable miles, charging two cents per mile through an MBUF in the future could theoretically generate about $1.2 billion to $1.4 billion in annual revenue (approximately the same amount of state motor fuels tax Virginia collects.

The Department of Motor Vehicles will oversee the MBUF program, but it will mostly be administered by a private company. In the roll-out phase participation will be optional, and drivers can choose whether or not to use metering equipment that tracks driver location. DMV may limit the number of participants in the early years of the program.

Getting the public’s buy-in will require addressing issues surrounding data privacy — in particular location tracking. Location tracking is necessary if drivers don’t want to pay taxes on miles they drive outside Virginia.

Here’s how JLARC summarizes recommended privacy legislation for MBUF participants.

The program should give users the option to report mileage without location tracking and restrict how participant data can be collected, used, disclosed, and retained. For example, legislation should limit the collection of participant data to only what is necessary for program administration, require that there be a reasonable period after which program data is destroyed, prevent disclosure of disaggregated data, and require any research uses of aggregated data to be approved by an institutional review board (IRB).

Meanwhile, JLARC recommends, DMV also should begin evaluating the administrative and operational costs of the program


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20 responses to “Buckle Your Seatbelts, HUFs and MBUFs Are Coming”

  1. Nancy Naive Avatar
    Nancy Naive

    Hopefully, the user fee approach will not try to cover the entire amount needed with the fee alone since everything depends on the quality of the roads, but they should have been heading this way 20 years ago.

    Or, we could put a tollbooth on all incoming roads and just charge everyone entering the State $200. Well worth it. Virginia is for lovers.

    Personally, the fee should be a function of mileage, weight, and use type.

    1. Eric the half a troll Avatar
      Eric the half a troll

      We already have people moving just outside the state boundaries then commuting in across our roads without paying their fair share. So, a toll booth at the WV border on Rte 9 sounds good to me (I prefer an old fashioned booth with people just to create a big traffic backup there everyday like they have created on our roads – just paybacks). I just had to approve a big bond referendum to create a traffic circle at 287 and 9 because of the snarls these free-loaders have created here. It is a real thing, let me tell you!!

      1. Nancy Naive Avatar
        Nancy Naive

        A rotary? Are you mad? Cars don’t kill people, rotaries do! Unless you live in Boston, your chances of negotiating a rotary without loss of life diminishes with each attempt.

        Well, let me give you the pointers;
        1) speed. When in the rotary, it lets those trying to enter know you’re serious. When entering, shoot straight to the inside lane. Glancing blows will put you in the grass.
        2) eye contact. Don’t do it. If you look at somebody trying to enter, it a concession of right-of-way.
        3) don’t be shy about repeated trips around the circle. Build up your speed and let a loss of traction move you smoothly to the outermost lane. Eventually, the car will decide which exit to take.

        Instructional video to follow…

        1. Roundabouts are fun on a motorcycle.

          They can also be incredibly entertaining in an LTD Crown Vic Police Interceptor, as long as you know how to steer with the throttle. Don’t ask how I know that.

          1. Nancy Naive Avatar
            Nancy Naive

            Short track at its best. I have a strict “don’t ask, don’t tell” policy on why anyone would be driving any two-tones , or about freshly turnrd soil in the backyard.

            There is a trooper in Crewe who is still wondering how and where that little green Pinto Went. You can ask. Limitations on evade and elude long having expired.

      2. Nancy Naive Avatar
        Nancy Naive

        How to handle a rotary … the pros.
        https://m.youtube.com/watch?v=FXfGZF2-sUU

  2. tmtfairfax Avatar

    Virginia should contract with a third-party vendor to run truck weigh stations 24/7. Heavy trucks, most especially those carrying unlawfully heavy loads, create most of the damages to road and bridges. Collect the fees why don’t you?

    Fees for legal overweight permits should be set at cost to recover the full costs of the road and bridge damages they cost. And the statutory exceptions for such things as mining and lumbering trucks should be repealed.

    Do that and we can talk about where the gas tax should be set.

    The Virginia Way, shame the small guys and forget the big guys. How much does the trucking industry give in campaign contributions?

    1. how_it_works Avatar
      how_it_works

      Other states put weight limits on secondary roads.

    2. LarrytheG Avatar

      JLARC does not identify that as a problem, and I would think they would have.

      Nothing I can find says Virginia has that issue compared to other states, https://uploads.disquscdn.com/images/ce6f8ddafa19a6f4fcadd3145b484815c9d751fd479fbb7d8f470ec0b80a26a0.jpg either.

  3. Super Brain Avatar
    Super Brain

    I am already getting soaked for registration fees on one of my vehicles because it gets too much gas mileage. Also get soaked for daily tolls on the Powhite.
    I live in Chesterfield which gets less than 50% of of the maintenance funds that Henrico gets.

    1. Stephen Haner Avatar
      Stephen Haner

      The gas tax is a user fee, one where you get a discount for having a more efficient vehicle. If they want to switch to a user fee where you pay more for a more efficient vehicle, well, fine, that’s what the geniuses want to do. What we all need to worry about is being charged BOTH if you keep an internal combustion vehicle, which is the way this is heading.

      1. Paul Sweet Avatar

        More efficient vehicles are usually lighter than large pickup trucks and SUVs so they cause less road damage. Electric cars are often heavier because of the weight of the battery pack.

        I also got dinged because my Honda Accord gets better than average mileage. It wasn’t much, but still annoying.

        The gas tax is collected a buck or two at a time, so it is relatively painless. Annual user fees can add a hundred bucks or more at registration time. A lot of people would have trouble coming up with that much.

        1. LarrytheG Avatar

          I have to agree on the annual fees especially if they go up but then again, in my county and I assume others, they ding me pretty good twice a year on a newer car.

          I consider that a fee for owning property and the money is NOT used primarily for transportation infrastructure but other things like schools and public safety.

  4. LarrytheG Avatar

    So Youngkin has promised to cut gas taxes and I’d not be surprised if he aims at the HUF as many folks who buy more fuel-efficient or hybrid electrics feel that the HUF tax is unfair cuz they’re “doing their part” on the environment.

    We’re about to find out how much Youngkin will yield to politics and how much he is willing to stay the course on transportation needs and funding.

    It’s been a decade for VDOT and DRPT to successfully lobby to diversify the funding streams and to set up regional taxes and tolls to adequately fund the needs Virginia-wide as well as the regions, NoVa, Tidewater and the I-81 corridor. . I believe Aubrey Lane had a big role in it.

    Almost no one likes taxes and especially gas taxes but also the tax on vehicle purchases as well as the localities that use vehicle taxes to essentially mitigate real estate taxes. Few folks notice the “stealth” general sales tax for transportation, but it’s there also.

    People also wonder where all that money goes and a large percent of it goes to pay for existing roads already built – maintenance and operations – a fixed cost that cannot be avoided and includes those “deficient’ bridges.

  5. James Wyatt Whitehead Avatar
    James Wyatt Whitehead

    What to the polls say about MBUF fy? I can’t imagine people in great numbers saying how much they like this.

    1. LarrytheG Avatar

      Not gonna be popular. do we know how they will collect the fee?

      The current method of paying a tax every time you buy fuel is pretty optimized because the tax is levied at the wholesale level and that cost gets incorporated into the into the pump price.

      Unless they figure out a way to space out the fees over time, it’s going to end up like an annual fee, a big bite and someone will have to verify your mileage then charge you – maybe at state inspection stations..

      The only good thing is that Youngkin will get the blame and that may well provoke him to stop it.

      😉

      1. James Wyatt Whitehead Avatar
        James Wyatt Whitehead

        This approach is a lead balloon. The worker bees are not going to understand. Truckers are going to go nuts. Rubber Duck will have a copy on this.
        https://www.youtube.com/watch?v=Sd5ZLJWQmss

        1. LarrytheG Avatar

          I suspect that when implemented, people will be given a choice between an annual flat fee or a “measured” fee. VDOT has worked over the last decade to diversify transportation taxes such that now, only 1/3 comes from fuel taxes while 2/3 come from sales taxes on cars and general.

          That 1/3 amounts to what VDOT needs to make improvements and new roads (combined with the Fed tax).

          The other 2/3 pretty much will go to pay maintenance and operations.

          VDOT now has control of the new construction budget by requiring each proposed project to be entirely designed and “ready” and then to compete with all other projects in the state with the cutoff on projects being whatever VDOT has available to spend.

          If it’s a lot, they will approve more projects, if it is less , the less projects and the stricter the cost-benefit will be.

          People can thank (or condemn) Aubrey Lane – who I believe played a significant role in transforming the way that Virginia deals with transportation.

          I enjoy the song CONVOY but it’s sort of a precursor to the Tea party movement where folks are rebelling against things they don’t really understand nor want to…. but changes are necessary…. one way or the other – like with the fact that as cars get more and more efficient and/or become hybrid/electric – the roads still need to be maintained and operated and additional tax is needed if we want new improvements and roads.

          The tax for transportation is not that different from what Dominion requires to operate the grid – i.e. no matter how efficient people are – there still are core costs to maintain the grid or the transportation network.

          1. James Wyatt Whitehead Avatar
            James Wyatt Whitehead

            Ah, breaker one-nine, this here’s the Rubber Duck.
            You gotta copy on me, Pig Pen

          2. LarrytheG Avatar

            yeah, I smile everytime I hear that song. I still have CBs but only use them to monitor ch 19 on interstates… we used to use them when caravaning canoe shuttles and trips.

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