by James A. Bacon

The good news for Virginians from late last week is that Republicans and Democrats in the Senate Finance Committee broke their deadlock over the state budget. The bad news is… Senate Republicans and Democrats broke their deadlock. The only way to paper over the divide between the two parties, of course, was to spread around more pork.

Funding for transportation and schools lay at the heart of the budgetary disagreement between the Rs and Ds. On the transportation front, the Dems held out for a new deal that would delay implementation of tolls on the Midtown and Downtown tunnels linking Norfolk and Portsmouth, and and provide $300 million extra to finance the Rail-to-Dulles project. The GOP caved. Assuming the full Senate passes the agreement brokered in committee — it is scheduled to vote this afternoon — the budget then will be await reconciliation with the House of Delegates version, which includes none of those provisions.

The first measure noted above would ask the state to re-open negotiations with Elizabeth River Crossings to “develop a strategy” to delay the imposition of tolls on Hampton Roadsters until 2014. That is entirely reasonable, as it is grotesquely unfair to ask commuters to pay for a facility that has not  yet been built.

The second measure would add $300 million more in state contributions for the Rail-to-Dulles project on top of $150 million already promised to help buy down toll increases on Dulles Roll Road users, the main piggy bank for Phase 2. Thus, the Senate would blindly dump nearly a half billion dollars into the project, no strings attached.

Meanwhile, Gov. Bob McDonnell has yet to sign the Comstock bill, which would nix state funds for the heavy rail project if open-shop (non-union) companies are discriminated against in the Phase 2 construction. The governor’s inaction has prompted speculation that he has backed off from his insistence that the Metropolitan Washington Airports Authority (MWAA), which is managing the Rail-to-Dulles construction, reverse its preference treatment of union Project Labor Agreements.

Adding to the jury-rigged nature of the Rail-to-Dulles bail-out, the Senate budget would borrow the extra $300 million and use the funds to defray the debt service on the Dulles Toll Road Revenue Bonds.

But the worst of it is that so many questions about the Metro Silver Line project to Dulles airport still fester.

  • No one yet knows how much Phase 2 will cost. While Phase 1 is running close to budget, the Project Labor Agreement issue creates a huge uncertainty for Phase 2, which is estimated at $2.8 billion. MWAA’s preferential policy may discourage non-union companies from submitting bids, increasing the likelihood that the winning bid will exceed $2.8 billion.
  • No one has firm numbers on how much it will cost Loudoun and Fairfax counties to subsidize the operation of the Silver Line on a year-to-year basis. Official estimates suggest the deficits could run $40 million to $75 million annually, but that could be low if the Washington Metropolitan Area Transit Authority (WMATA), which will run the Silver line once it’s built, maintains its low-fare structure.
  • Long-term, ridership could be considerably lower than assumed. The recession and impending slowdown in federal government spending have reduced population growth projections for Loudoun and Fairfax, and Loudoun has downzoned much of its land, effectively capping population growth there in any case.
  • WMATA remains a financial cripple. The organization has projected 10-year capital replacement costs of $13.3 billion, including $6.5 billion for which no source has been identified. Will Fairfax, Loudoun and the state of Virginia end up assuming a portion of that liability? Or will MWATA simply let service deteriorate? No one knows.
  • Who will pay for the $3 billion in transportation improvements required to serve the anticipated traffic growth in Tysons Corner resulting from the increased density granted landowners there? The upzoning was justified on the grounds that, combined with heavy rail access, landowners would have the incentive to transform Tysons into a more walkable, mixed-use better functioning urban district.

Virginia’s political class lurches from decision point to decision point, patching up the current crisis while failing to consider entirely foreseeable problems down the road. Taxpayers and toll road users are gouged while landowners, unions, project contractors and other private interests are enriched. Citizens know they are getting hosed but the process is so opaque, accountability so diffused and the Mainstream Media so neutered that they don’t understand how.

Note: This post has been edited to reflect more up-to-date information provided by readers.


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Comments

  1. only a politician would admire he “sheen” on he sausage….

    what’s that stuff the meat companies are selling now … ??? slime?

    Here’s the truth about the Va. GOP. The only principles they have are social. They’ll prostate themselves over fiscal issues but they will toe the line over trans vaginal punishment.

    DJ has questioned the pros and cons of full time vs part time legislators.

    We’ve got to remember…these guys (and gals) put their pants and panties on the same way we do …. but the bigger problem is …some of them .. would be better suited to fill the mustard and ketchup jars at a hot dog stand.

    Now I hear that instead of the Va GA legislative services staff helping to write legislation – that right wing think tanks is providing legislative services for the General Assembly. Lord help us.

  2. Jeff Barnett Avatar
    Jeff Barnett

    Project Labor Agreements in Virginia do NOT favor unions. Under a PLA, all skilled workers get at least $20/hour (on average). All workers agree NOT to strike or slow down the project. Whether a person belongs to a union or a firm is unionized is irrelevent.

    The Comstock bill has an agenda that goes far beyond unions and PLAs. That’s a red herring. She is distracting us from the fact that her sponsor, Congessman Frank Wolf, got ZERO federal funds for Phase 2 of the project. ZERO federal funds for LOUDOUN COUNTY.

    We must always remember that Rail to Dulles connects our Nation’s capitol by rail with its international airport. This is a federal responsibility.

  3. HardHatMommy Avatar
    HardHatMommy

    On Phase 1, there is a voluntary PLA – 40% of the workforce is in a union and they signed that PLA. The 60% who are not in a union did not have to sign the PLA. Important items such as safety, are covered in construction contracts to apply to all. Wages are not due to the PLA; those 60% nonunion workers are on the same scale as the union workers. That’s just false to say the PLA is about wages.

    I can’t think of a single mandated PLA project in Virginia … ever. There have been a few voluntary, optional ones before but nobody has a problem with that. Some see benefit of applying a PLA to union labor to keep the different unions from striking or battling each other over work procedures.

    If you look at all of the projects Virginia has built in its history you will see that they are built without PLAs. Whether it is renovating the Pentagon or building billions of dollars in BRAC work. Both union and nonunion workers built these Virginia projects. That’s because a job without a PLA is a job without discrimination.

    As far as the federal funds, from what I understand, Phase 2 doesn’t pass the federal government test in terms of ridership, etc. I would love to understand more about that. Is there even a way the Feds could give money? Obviously Wolf and the rest of the Virginia delegation, Rs and Ds, would be all for that if it were possible. Or am I incorrect?

    And Larry, yes, I entered back into the discussion. But it wasn’t you my dear who pulled me back in. I’ve given up on you. 🙂

  4. Barnett, what you don’t know about Dulles Rail would fill a football stadium. Dulles Rail’s biggest problem is that it is not cost feasible. When US DOT changed its rail funding standards, it quickly became clear Dulles Rail would not qualify under the new standards. It was too expensive for the benefits to be produced. Senator John Warner obtained legislation to grandfather Dulles Rail under the old, more lenient standard. But even there, it was failing the old test. A massive lobbying effort was undertaken, and the Bush Administration held its nose and signed the full funding agreement. But that does not change the fact that the project is not cost-justified. Dulles
    Rail has been hijacked by the Tysons landowners. It’s all about density.
    “We must always remember that Rail to Dulles connects our Nation’s capitol by rail with its international airport. This is a federal responsibility.”
    What a joke. MWAA estimates that only 6-7% of passengers using Dulles will also take rail. The ride from D.C. to the airport will take about an hour. The trains will also be used by commuters. How many people will actually wrestle their luggage on a train? And for that taxpayers in Vermont and Idaho need to fund rail? I have never seen you address any data regarding rail. All you offer is empty words. Deal with the numbers.
    If PLAs are so great, the winning bidder might sign one — voluntarily. But Democrats don’t like voluntary when it comes to unions. A mandatory PLA will push up the costs for Dulles Rail. And that will push up tolls and increase cut-through traffic. Until you know the facts, please stay out of Dulles Rail discussions.

  5. HHM – I’m DEVASTATED!

  6. re: ” A mandatory PLA will push up the costs for Dulles Rail”

    ugly follow-up – MORE than crony capitalism will?

  7. constructionandlaborguy Avatar
    constructionandlaborguy

    Barnett,
    How much money did you receive from construction unions, organized labor and individual union members when you ran against Frank Wolf in 2010?

    It is a fair question since you are advocating for a position that will enrich construction unions. And you stand to benefit by receiving union campaign donations in future runs at public office for spreading misinformation in support of the PLA. Not to mention, it gives you a sturdy platform to pivot and attack Rep. Frank Wolf for not securing additional federal money for this boondoggle.

    What office are you running for next?

    The Phase 2 PLA circulated to MWAA board members by MWAA board member and Laborers Union vice president Dennis Martire in April 2011 can be found here:

    http://www.thetruthaboutplas.com/wp-content/uploads/2011/04/Tab-5-Heavy-Highway-Construction-Project-Agreement1.pdf

    Have you read the pro-union provisions contained in this document? Nonunion firms CAN bid on PLA projects, but the PLA has the practical impact of discouraging bids from nonunion contractors. Nonunion craft workers are treated like second class citizens.

    For example, Section 4.5 of the agreement makes it clear craft workers would have to join a union to work on the project.

    This provision is likely illegal under Virginia’s Right to Work law.

    However, PLA mandates are not illegal in Right to Work States. They can be revised to work around the law. For example, it is legal for a PLA in a right to work state to force contractors to hire workers through union hiring halls as a condition of winning a contract. This doesn’t force workers to join a union (which would violate RTW), but it forces contractors to hire union workers. It skirts the intent and spirit of Virginia’s right to work law.

    Nice try, but the PLA is hardly about wages. The PLA is about creating a labor monopoly for unions.

    Wages are already set by the federal prevailing wage and benefit rates established by the Davis-Bacon Act regardless of whether there is a PLA on this job or if the worker is union or nonunion. Have you examined the prevailing wage rates published by the U.S. Department of Labor?

    Larry, isn’t this PLA mandate/preference a fine example of crony capitalism? Board member Martire is essentially steering contracts to his employer and advancing their interests (not to mention he was appointed by Gov. Kaine (D) who received troves of cash and support from unions and is running for the U.S. Senate). If a Bechtel exec served on MWAA and worked to funnel contracts to his firm, would you cite that as an example of crony capitalism?

  8. CG – the PLA agreement sure sounds like it’s pushing things union….

    is this the actual PLA?

    did not see the crony capitalism… was that sarcasm?

  9. constructionandlaborguy Avatar
    constructionandlaborguy

    Larry, this is the PLA Martire circulated at MWAA last year. If not for a campaign to oppose it, the PLA would establish the pro-union rules governing Phase 2.

    Because of the new “voluntary” PLA preference (which is really a de facto PLA mandate in the sense that a contractor won’t be able to win the contract without the 10 percent bonus), it is unclear if MWAA will release a universal PLA drafted by MWAA that all firms must use, or leave it up to the firms to create their own PLA. There are other possibilities. Both primary options have their pros and cons. In short, we may not see the actual PLA until the bidding is over and the contract is awarded.

    That makes it hard to estimate added costs, and added costs really can’t be evaluated until you compare bids with and without a PLA. That’s why nobody can predict exactly how much the PLA will cost. Contractors know it will add costs, but aren’t sure how much.

    Maybe we have differing definitions of crony capitalism.

    To me, crony capitalism is a term describing an economy in which success in business depends on close relationships between business people and government officials. It may be exhibited by favoritism in the distribution of legal permits, government grants, special tax breaks, and so forth.

    The union members and union firms (business) are certainly going to benefit from a PLA on Phase 2, which has been advanced by a union president/MWAA board member and MWAA board members appointed by politicians (government officials) heavily supported by the unions gaining from the PLA. Isn’t that cronyism?

    Finally, I’ve followed MWAA closely for the past year and I was very sad to hear that former MWAA chair and current MWAA board member Charles Snelling killed his wife and himself this week. I was surprised to hear he was 81. I wouldn’t have pegged him for someone a day over 65. His wife had suffered for years from Alzheimers and wanted to end their suffering. It is a terrible disease.

    http://www.washingtonpost.com/local/trafficandcommuting/former-mwaa-head-who-killed-wife-self-acted-out-of-deep-devotion-family-says/2012/03/30/gIQA51KhlS_story.html

    He is a Bush appointee so Obama will get to appoint someone to the board (not sure when). I wouldn’t be shocked if it is someone supportive of the PLA.

  10. constructionguy – crony capitalism is, my mind, using a position to funnel lucrative opportunities to like-thinking co-conspirators. like insider trading.

    the PLAs are, in the minds of some union types.. their rewards also.

    I don’t see unions as evil .. I see them as looking out for their interests and constituents the same way that business types engage in their own kind and form of economic “back-scratching”. They’re both looking what they feel is their rightful share of the pie.

  11. larryg Avatar

    construction guy – I found this interesting:

    ” Snelling, a businessman and Republican activist from the LeHigh Valley of Pennsylvania was an appointee to the airports authority of President George W Bush. He attracted quiet criticism from conservatives for his championing of the expansion of MWAA beyond airports and into a large lossmaker rail line, and its embrace of union labor only contracting that has boosted its costs and put the agency in contravention of Virginia’s right-to-work laws.

    His critics said Snelling “gave cover” to Democrats on the MWAA board.”

    have you got an opinion?

  12. constructionandlaborguy Avatar
    constructionandlaborguy

    Where is that quote from?

  13. larryg Avatar

    oops, sorry… I usually include the link:

    http://www.tollroadsnews.com/node/5843

  14. constructionandlaborguy Avatar
    constructionandlaborguy

    Eh, the whole MWAA board was asleep at the wheel on this issue. It was jammed down their throat by Martire before any of them knew how to spell PLA. Davis and Cobey were the only two initially opposed to Martire’s scheme in the initial PLA mandate vote last April. Davis had experience with PLAs back when he was in Congress, and even he hasn’t really gone to the mat on this issue.

    The rest went along with the game, focusing attention on other pressing issues like financing, the above ground station and figuring out how to create the illusion that Phase 2 costs had been cut, when in reality they were shifted to local stakeholders.

    PLA mandates are a complicated issue and I wouldn’t expect many of them to know about it organically. They were easily hypnotized by Martire and Curto’s rhetoric in support of the PLA. Part of the problem was that MWAA was not transparent about this issue and didn’t allow the public or stakeholders to provide any feedback before they agreed to it a PLA. They had done no research on the pros and cons and bought into PLAs hook, line and sinker.

  15. larryg Avatar

    and Snelling’s role prior to Martire and Curto?

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