Restructuring the Gas Tax

by James A. Bacon

Virginia’s 17.5-cent tax on motor fuels is like an over-the-hill ball player. Back in 1986, when the rate was last set, the tax could run, leap and throw like a champ. These days, it wheezes just walking around the block.

With each passing year, the gas tax is less able to fulfill its task of paying for the maintenance and construction of Virginia’s roads and highways. Within five years, Transportation Secretary Sean Connaughton has warned, there won’t be enough gas tax revenue to pay for new construction. Beyond that five-year time frame, one can only presume, gas tax revenues won’t even cover proper maintenance. As maintenance is deferred, the deterioration of roads, bridges and highways will accelerate, requiring even more money to fix. Unless something changes, Virginia’s highway infrastructure will slip into a death spiral.

The obvious solution is to raise the motor fuels tax. Trouble is, the tax is widely loathed. Voters perceive, with some justification, their tax dollars funding mega projects that benefit developers, ideologically driven money-losers like mass transit, or roads to nowhere that please powerful politicos. Until that distrust is dispelled, it will be exceedingly difficult to persuade the electorate to increase the tax.

What I propose here is far from a complete transportation financing solution  but it would accomplish two things. First, it would fully fund Virginia’s road maintenance program far into the future, which the current arrangement will not. Second, it could be sold to the public. My proposal would not raise revenue for new construction — that would have to come from somewhere else. But citizens would be assured that the state’s massive investment in streets, roads and highways would be kept in top condition.

As I see it, the motor fuels would be adjusted annually to ensure enough revenue to accomplish three goals: (1) service state transportation debt, (2) provide state matching funds for federal highway projects and (3) fully fund the maintenance of state and local roads and highways. If more money is needed to accomplish those three goals, the tax ticks up; if less is needed, the tax inches back down. That’s it. When citizens gas up their cars at the pump, they will know that their gas tax is paying to maintain the roads they drive on — not to enrich some politicians’ developer buddy — and that they are paying in proportion to which they add wear and tear to the system.

I can’t imagine how this would get push back from taxpayers. No one contests the need to meet the state’s debt obligations. Very few would dispute the desirability of raising enough money to qualify for hundreds of millions of dollars yearly in federal highway grants (for which Virginians have already paid through the federal motor fuels tax). And not even the most hardened taxaphobes could object to maintaining the existing transportation network by means of a user fee like the gas tax.

As an aside, I would suggest re-balancing the share paid by heavy trucks and ordinary motorists. Every analysis I have seen suggests that heavy trucks in Virginia pay less than it takes to offset the disproportionate pounding they dish out to state roads. If trucks paid their full freight, so to speak, automobile drivers would pay a slightly smaller share and might, until maintenance costs inevitably marched higher, enjoy a momentary reduction in the tax rate.

The floating gas tax would accomplish one other important goal: finance the devolution of secondary road maintenance to the counties. Nearly everyone agrees that secondary roads should be the responsibility of local governments to build and maintain. Why? Because county supervisors make land use decisions that create the demand for those roads. If local officials think that paying for those roads is VDOT’s problem, not theirs, they will make very different decisions than if they are held accountable for dealing with traffic congestion themselves. Pushing counties into coordinating land use and transportation will lead to better decision making for each.

The state has offered county governments the opportunity to take control of their own road maintenance but none have agreed (other than Arlington and Henrico Counties, which opted out of the current system back in the 1930s). The reason is basic: Counties don’t think that VDOT will pay the full cost of ongoing road maintenance, much less enough to work down the backlog of roads and bridges in disrepair. Therefore, the gas tax would have to be set at a level sufficient to induce counties to assume responsibility for their secondary roads.

How, then, would Virginia pay for new transportation projects? There still would be buckets of bucks to draw upon: federal transportation dollars, tolls, public-private partnerships, proffers, impact fees and special tax districts, not to revenue streams from the sales tax, the motor vehicle sales tax, motor vehicle registration fees and miscellaneous sources.

Floating the motor fuels tax as I have suggested won’t create more money for new construction. But given the mood of the electorate, positioning the tax as a user fee may be the only way to persuade taxpayers to inject more money into the system. In the years ahead, it will be no small accomplishment to preserve what we’ve already got.


Share this article



ADVERTISEMENT

(comments below)



ADVERTISEMENT

(comments below)


Comments

22 responses to “Restructuring the Gas Tax”

  1. I like Jim’s proposal except I’m leery about the part about indexing the gas tax to pay back bonds…

    what keeps that from becoming a back-door path to new construction?

    I have a counter-proposal.

    Index the gas tax – make the localities responsible for maintenance and operation of secondary roads – and give them part of the index .

    we need to get the counties to start thinking about development and transportation as the same issue….

    If VDOT can continue on their policy of enforcing stricter access management on primary roads then I believe we’ll start to see some real reforms….

    there is a big, big benefit to the counties doing their own roads.

    they get to decide not only the priorities. They get to decide if they want to accelerate priorities but they also have much more flexibility in phasing both in individual projects and coordinating phasing between projects.

    this is something VDOT cannot do very well… because of stretched out timelines – that can and do get undermined when local conditions change…

    The Charlottesville Bypass is a good example of how VDOT can get frozen into an inflexible proposal – that takes time to get down – while development and other changes continue ….

    the localities have a lot more stake in what kinds of development will occur when their own projects might be affected rather than VDOT’s projects.

  2. You make a good point about excluding the bond payments. The GARVEE and Capital Project Revenue bonds already have dedicated revenue streams from sources other than the motor fuels tax. Perhaps we should keep it that way.

  3. According to a CTB member, Virginia has the lowest fees for overweight trucks in the mid-Atlantic. If we increase the gas tax, shouldn’t truck fees be increased to where they recover the same portion of costs that the increased gas tax covers? We should also put a surcharge on the registration of LNG, electric or hybrid vehicles so that they contribute an equivalent amount of funds to road maintenance.
    I still say my package of reforms would do more for transportation than anything I have seen proposed.

  4. Pushing counties into coordinating land use and transportation will lead to better decision making for each.
    +++++++++++

    No it won’t. It will lead to construction stagnation. There will be no incentive to allow any new construction that might degrade sol, however slightly.

  5. land use and transportation are already coordinated in every single city and town and 2 counties in Va – and construction has not been degraded.

    In fact Arlington and Henrico are among the more active development areas in Va.

  6. If Virginia needs to raise taxes for transportation to levels comparable to those in surrounding states, shouldn’t we also have similar land use laws, e.g., an adequate public facilities law, which allows local government to postpone development when public facilities are not sufficient to support the new development?

  7. Adequate public facilities laws are just another way to keep out the “new guys”. It is discrimination disguised as public service. Although Maryland has an adequate public faclities law, its practical implementation has been a joke.

    Maryland is about to propose a 15 cent increase in the gas tax, along with other increases in motor vehicle fees. the increasw will be phased in over three years, and it will be indexed to inflation after that.

    One of the increases will be in the vehicle emission fees. I think it is a mistake to hide taxes in such fees: call the taxes what they are and be transparent about it.

    The increases are designed o raise $800 million.

    Larry – How do you know if construction activity has been reduced? You have no baseline. I can tell you for certain of two cases where people wanted to build and were prevented: therefore I know for certain that at least some construction has been degraded.

    Before you can claim that coordinating land use and road construction will lead to “better” decisions, we need first to agree on what constitutes “better”. In my book, that would be whatever combination leads to the heighest net social value, but we have no methodolgy for coming to an agreement about how to measure that.

    Designing that methodology is an independent exercise which says nothing about what combinations of construction and road use will result in the highest social value, but eithout an asgreed upon yardstick, we have no way of knowing what is more and what is less: all we have is non-metric statemensts claiming that a certain policy will result in “better” decisions.

    In order to have and adeuate public facility law, you had better be able to define what is adequate and what is public. If you have a situation in which a street meets adequate standards because half of the lots on that street are vacant, then the people using that street had better be willing to pay rent on the vacant lots, because those vacancies are part of what make the “public” facilities adequate. When the cost of paying the rent is higher than the cost of improving the street, then the issue is resolved.

    Now, if the issue is actually one of postponement, with eventual development assured for the owners on some reasonably assured schedule, then plans can be made. But the usual situation is that such deficiencies are allowed to fester ndefintitely, as an excuse to prevent development. This was the case with the Marshall water supply for the last 40 years. Only when it became an actual fire hazard was anything done.

    I believe this is an example of the kind of unintended efect “adequate public facilities” law will produce. We can write a law that will outlaw hunger, an “adeqaute food law” or an “adequate health care law”, but that does not mean the desired result will occur, not unless you also impose an “adequate tax to pay for the requirements” law as well.

    Somehow, I don’t think that is what TMT has in mind.

  8. ” Larry – How do you know if construction activity has been reduced? You have no baseline. I can tell you for certain of two cases where people wanted to build and were prevented: therefore I know for certain that at least some construction has been degraded.”

    not reduced … unless you consider any/all as the baseline no matter the impact on transportation.. A good development can exist with good transportation.. and do.

    “Before you can claim that coordinating land use and road construction will lead to “better” decisions, we need first to agree on what constitutes “better”. In my book, that would be whatever combination leads to the heighest net social value, but we have no methodolgy for coming to an agreement about how to measure that.”

    the “better” decision comes from the local people who make the land-use decision but also have to deal with the transportation impacts.

    there is accountability for the land-use decisions because the same folks who make those decisions also have to deal with the transportation consequences instead of blaming someone else.

  9. An adequate public facilities law would provide an economic incentive for landowners and developers to work with local government and community groups to address the infrastructure issues in order to enable their development to begin. For example, since Fairfax County has included substantial trip reduction requirements in the Tysons Comp Plan, the landowners and developers have agreed to work with community groups to develop recommendations for VDOT to study as it plans the widening of Route 7 west of Tysons. Working together, it is much more likely that there will be some type of consensus on options, rather than a stand-off. That makes it more likely VDOT will pursue a plan that has broader support and less likely the process will be delayed by a stakeholder war.

  10. the “better” decision comes from the local people who make the land-use decision but also have to deal with the transportation impacts.

    ================================================

    That is not necessarily a better decision. I reiterate my point that until you have an agreement on how to decide and measure what is better, any such claim as this is an empty chrysalis.

    The decision you describe could be a net social loss in favor of the status quo, and still be favored by the locals. According to the GPO there is no justification for such a policy.

  11. “……in order to enable their development to begin. ”

    And you don’t see the obvious problem with this?

    You are starting with the presumption that those who are undeveloped have no rights to development, while those that have developed have every right to keep things as they are: to have their development absolutely protected.

    Your starting position is patently unfair, and it goes downhill from there.

    Development rights should be EQUALLY protected as other property rights, and the cost of equal protection should be equally shared.

    You solution is all one sided: where is the incentive for government and community groups to work with developers? There is none, so endless delays cost public interest groups nothing and become the default position.

  12. ” the “better” decision comes from the local people who make the land-use decision but also have to deal with the transportation impacts.

    ================================================

    That is not necessarily a better decision. I reiterate my point that until you have an agreement on how to decide and measure what is better”

    it’s the ultimate best “local” decision because the people making the decision are getting the benefit and paying the costs.

    you may not agree with how they calculate but it’s far better than having that calculation done by someone who stands to gain but at costs to others.

    the best decisions are made by people who have to pay for the consequences.

  13. The right to develop land is not an absolute right, even in Virginia. In urban and suburban areas, developing land affects many others in the enjoyment of their property rights, including their right to their money. Local government development plans are reviewed. VDOT lost a court case when it granted the right to construct a cell tower without first receiving county approval.
    Sometimes, developers build to what has been approved. For example, the new Walmart store is being built to right and needed no zoning approval. There will be site plan review, of course. But even Walmart reached out to nearby neighborhoods as the Company wanted to work with the community on traffic so as to be viewed as a positive force in the Tysons area.
    When someone wants to develop land in a manner inconsistent with existing zoning or the Comp Plan, special permission is needed. The state supreme court has held developers can be required to address the additional stress they place on public facilities. The law applies to all of us if and when we seek permission to develop beyond what is permitted. It seems eminently fair.

  14. Maryland and the gas tax. I suspect significant portions of the increased tax will be diverted to mass transit.

  15. The right to develop land is not an absolute right, even in Virginia. In urban and suburban area….

    Again, you don’t see the problem here? Your starting position is that your neighbors and government have the absolute right to prevent you from the same development
    they enjoy..

    It is an unfair place to start the discussion. The fair place to start is with the idea that everyone’s rights are protected equally.

    Your neighbors right not to have his property degraded by building restrictions is equal to your right not to have your property degraded by whatever he does.

    You do not get anymore than that, and you certainly do not get the unlimited right to deny him anything, ever.

  16. A train to ocean city would be nice.

    The story I heard only mentioned highways.

    Thea point is that gas taxes can be raised, despite the argument that the idea is politically off the table, and financially ineffectual.

    If it goes to mass transit that is okay, provided transit provides real congestion benefits to the remaining drivers.

    Ideally, we will have a balanced transport system and a balanced way to pay for it.

    But, balance is a dynamic condition, not a stable one. Whatever funding system we have, should have a dynamic feedback loop, so that the most cost effective transport modes get the most funding, and that funding changes as the economics change.

  17. Developing land affects many others in the enjoyment of their property rights, ……

    Especially if you developed your property first and you think that gives you rights to affect those that come later in the enjoyment of THEIR property rights.

  18. Walmart is being built to right, and no zoning was required.

    But that is because there was some . Your opening statement was that there is no guaranteed – to do anything. Presumably, if the powers of neighbors and government were sufficient, they could deny walmart any use of the lands.

  19. When someone wants to develop land in a manner inconsistent with existing zoning or the Comp Plan, special permission is needed.

    ++++++++

    And if someone bought land with a comp place in place, that is a fair condition. But what about some one who owned land previously, had their own plans, but then had zoning and a comp plan imposed on them? Don’t they have the same rights to be compensated for their degradation in use?

  20. Ray, I believe you incorrectly assume that a real property owner has a basic right to develop his/her land in any way that the owner desires. That is not the case. We have adopted laws in this country and in this state that condition development rights on many factors, including consistency with the Comp Plan, zoning ordinances, other applicable laws, and impact on the surrounding community.
    You are absolutely correct that time does affect a person’s development rights. A building or housing tract that was constructed 40 years ago is not required to comply with new or existing requirements in the same way that a new development proposal is. But this is no different than a situation where a company or a government entity switches its pension plan from defined benefit to defined contribution, while grandfather certain existing employees. Is either absolutely fair? No, but it is impossible in many situations to adjust for the passage of time.
    There is a landowner in McLean who wants to build 22 houses on a parcel that is zoned for three houses. Fairfax County has pointed out that his plans are inconsistent with the Comp Plan and the zoning. He thinks he has been treated unfairly and that the zoning is taking away his development rights. But he is wrong. He has the right to develop three houses, which he could do simply by going through the site plan approval process and by complying with all applicable laws and regulations.
    The owner could also propose an amendment to the Comp Plan, but it is unlikely that the Plan would be amended to accommodate 22 houses as development at this level would create too many burdens on the surrounding community and public at large. Moreover, such intense development is inconsistent with the character of the neighborhood. The guy doesn’t have a leg to stand on. The right to develop land is not absolute.

  21. “And if someone bought land with a comp place in place, that is a fair condition. But what about some one who owned land previously, had their own plans, but then had zoning and a comp plan imposed on them? Don’t they have the same rights to be compensated for their degradation in use?”
    Actually, the Virginia supreme court has ruled local government has the power to revise its Comp Plan and zoning to permit less density/development than was previously permitted if this is done on a comprehensive basis on evidence that is fairly debatable and that does not constitute spot zoning. The court stated that this risk is inherent in the ownership of land.

  22. if it was illegal to change the Comp Plan – what would happen?

    In fact, in Va – if a locality has a comp plan – it MUST be updated.

    Comp Plans more than anything else are statements about where a locality will invest in water/sewer and other infrastructure – that it can afford.

    but the ability for a locality to make these decisions is legal and constitutional.

Leave a Reply