gas-pump1By Peter Galuszka

When Gov. Robert F. McDonnell won approval earlier this year for his far-reaching transportation plan that would eliminate the 17.5 cent per gallon gas tax to provide $4.3 billion for roads and public transit, a big question was what it might mean to consumers at the pump.

In exchange for eliminating the tax, which had not been changed since 1987, McDonnell added a wholesale sales tax of 3.5 percent on gasoline and 6 percent on diesel fuel. Overall retail sales taxes for most products would go up 0.3 percentage points.

As the governor was pushing for the major reform package, a report by Chmura Economics & Analytics, a forecasting firm in Richmond with close ties to the McDonnell administration, predicted that consumers would be blessed at the gas pump by lower prices. The Chmura report stated that “the retail price for gasoline could be reduced by 16.6 cents, or 95% of the 17.5 cents per gallon eliminated gasoline tax.”

Wish again.

In reality, gasoline prices are higher overall than they were before the tax changes took effect July 1 and much higher than a year ago. As of July 26, average gasoline prices were $3.506 a gallon. They were $3.392 a gallon on this date in June and $3.344 a gallon on this date in July 2012. Today, they are even higher in Northern Virginia — running about $4 a gallon — due to higher local taxes.

Roy Page, owner of Cooper-Page, an outlet that sells non-branded gasoline in Springfield, told me that gas retailers did see a price drop of about 6 cents per gallon around July 1, when the transportation plan took effect. “Obviously, prices have gone up more than 6 cents since then,” he says.

Page isn’t sure why. It could be an increase in demand due to summer driving or refinery shutdowns. The curve in Virginia also closely tracks the change in overall U.S. prices. But the Chmura report had suggested we’d see the two graphs start to diverge a month ago.

It all does beg a question: What was the point of eliminating the 17.5 cent per gallon gasoline tax for retail sales and then going through a series of convoluted tax increases for the sales tax and a wholesale fuel tax? Why couldn’t McDonnell and the General Assembly have simply backed raising the gasoline tax?

My guess is because doing so would have contradicted ironclad Virginia dogma against raising taxes, or at least, some taxes and not others. Go figure. I don’t understand it.


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28 responses to “Where is McDonnell’s Gas Pump Relief?”

  1. larryg Avatar

    I’m amused. the gas tax increases and Chimura says the prices will go down.

    huh?

    I’m not surprised.. not sure why others are…

    no longer is the fuel tax on the pump.. it’s effectively hidden so what’s the incentive for the distributor to keep prices lower?

    it all goes into one big pot now and the allocation will become even less transparent and even more political except that NoVa and Hampton have an additional tax that will be more transparent… and from that extra tax – should also be able to determine how much they generate overall.

    that will be good because it ought to help quell the envy that one region is getting more than their share at the expense of the other.

  2. larryg Avatar

    more clear than above:

    the only two regions with supplemental taxes are NoVa and Hampton.

    all other regions will essentially be working out of one state level pot of money with no transparency with respect to how much their region generates in fuel taxes and how much is spent on their region for maintenance, operations, improvements and new projects.

    It is my view that this is a problem because without this accounting, most people and most regions believe they are being “shorted” and the money diverted to other regions. Then, based on that, they advocate for as much money as they can – including getting developers into the game. Worse, they have no idea of the transportation costs associated with new development. they make land-use decisions without regard to the costs of transportation impacts. It just becomes a game where they tell VDOT that another road needs to be widened/improved/etc and VDOT dutifully puts it on a list – with no funding… and no ability to fund it anytime soon.

    NoVa (not Arlington) and Hampton Roads (counties, not cities) are the poster children of this opaque process.

    they approve changes to land-use, relying on VDOT to recommend minimum design requirements specific to the development’s entrance but they are clueless as to the impacts to the area’s roads that connect to the development.

    It’s a dumb way to do land-use decisions. 46 other states make the locality directly responsible for the transportation impacts that arise from their land-use decisions.

    In Virginia, every city and town and two counties, Arlington and Henrico also are held financially accountable for land-use decisions.

    But in 98 other counties in Va – they make land-use decisions virtually without regard to the impacts to the rest of the transportation network.

    And as a direct result of this – as Jim Bacon alluded to in another thread – in the growth counties – we have dozens, hundreds of 600 series roads that were designed for 1930 cars and traffic levels now loaded with 2, 3, 10 times the traffic levels they were designed originally for – and people driving cars at speeds twice and three times the design of the road.

    The result? horrendous traffic accident rates in these areas?

    and the counties response to this? Blame VDOT.

    if the people in these counties KNEW the gas tax numbers and KNEW the costs of maintaining their current road network – and how much was left over to improve these rural roads – they’d realize that it’s not a VDOT problem but a local governance issue of approving development while ignoring costly transportation impacts…

  3. accurate Avatar
    accurate

    “… that would eliminate the 17.5 cent per gallon gas tax to provide $4.3 billion for roads and public transit …”

    Okay, so I don’t live in Virginia, but I would like to know why the gas tax (now increased sales tax) provides for public transit? I know Virginia isn’t the only state that does this, but my question. Why is gas money going to support public transit? Why aren’t the fares sustaining public transit?

    1. larryg Avatar

      re: the same reason that property taxes are collected to pay for schools… guy

      why don’t the “users” of the schools pay for it?

      1. accurate Avatar
        accurate

        Larry –
        Did you forget who you were replying to? Works for me, yup, I paid for my kids to go to a private school and I have no problem with the concept of everyone having to do that.

        1. larryg Avatar

          so you’re okay with private toll roads also?

          re: schools – yeah.. I was never quite sure why folks should be paying for others kids to be taught how to play the clarinet or soccer.

          I was okay with the fundamentals.. but it got out of hand…

          were you okay with the US giving away land to the railroads ?

          or you okay with private industry having the right of eminent domain like the oil producers in Texas?

  4. Why are gas prices where they are? Simple, because the White House and Congress is firmly kissing Wall Street’s A%%. A year ago, I had a talk with Dick Saslaw, who is in the gasoline business. He told me the price he pays for gasoline is set in New York, and is largely based on Wall Street trading.

    If Congress had any stones, it would make it a felony to set a price for gasoline across state or national boundary lines. Use a phone, mail or a computer to set the price of gasoline across a state or international boundary and it’s a mandatory 10 years in prison.

    If trading became unprofitable, we force Wall Street to return to its old role of investing in companies. Maybe ordinary people might start getting jobs and raises again.

  5. larryg Avatar

    TMT – the tax on fuel is not set in NY and I doubt seriously that the price at local gas stations is set in NY either (except by algorithm) judging by the variation in prices of stations with the same brands.

    you can find a wide range of fuel prices in a 10 miles radius at Exxon stations … or Citgo, etc….

    1. Larry, according to what Dick Saslaw told me, the wholesale price for gasoline is set in New York by station. Exxon station price at Location A is X, while the Exxon station one mile down the road could be Y.

      1. larryg Avatar

        okay.. but HOW would they DECIDE in NY without knowing what the prices are for other stations in that vicinity?

        I totally discount what folks like Saslaw say unless they can back up what they are saying with something reasonable as to how it is done.

        I think it’s actually a disservice to say that because it fosters the spread of information which is not ascertainable to be facts.

        In my view – I’d need to know HOW the folks in NY know the other prices in the area… and that’s a dynamic environment where you can have a hundred service stations changing numbers by the hour and day.

        What I suspect more likely is that NY has created an algorithm that has inputs to it that are the current competitors prices and from that it spits out a recommended price but when prices are changing as often as hourly – how would NY know when to run the algorithm and where would they get the data?

        have you got an explanation? Has Saslaw?

      2. larryg Avatar

        TMT – even if that is true – if the companies can get the info they need to make price decisions.. I don’t see a problem with that.

        no more than I would if Walmart HQ is telling their stores what price to put on milk or coffee in their respective markets.

        why would that be “bad” or “wrong”?

        1. There is a difference between a company setting prices for its own stores and a wholesaler setting prices for retailers. Despite the generally unwillingness of the federal government (under both Rs & Ds) to enforce the law, I think zone/zip code pricing by gasoline wholesalers raises issues under the Robinson-Patman Act. That law prohibits price discrimination where there are (i) two or more consummated sales in interstate commerce, (ii) that involve commodities of like grade and quality, (iii) in which a different price
          is charged by the same seller to two or more purchasers for use or resale in the United States, and (iv) that the price discrimination
          substantially injured competition. There is a statutory defense when price discriminations given by suppliers to their competing retailer customers when the discrimination is for the purpose of meeting in good faith the equally low price of a competing supplier. One must also show the effected retailers are in completion with each other.

          I’m not concluding there are R-P Act violations, but I sure wish the feds would stop kissing a&& and bring some cases.

          1. larryg Avatar

            I’m not understanding the distinction… it sounds like no company with an HQ can communicate to it’s field stores – pricing guidance.

            So WalMart can’t tell it’s stores what to charge for something?

            or perhaps a better example.. a franchise company can’t tell it’s stores what they can charge for a slurpee or any product or service?

            I just don’t see this as wrong. why do you think so? I know you’re a lawyer so maybe something I don’t understand but I just don’t think the govt has any right to tell a company what it can do about pricing…

        2. Larry, a single entity can set its own prices. The Sherman Act says two separate companies cannot conspire to fix prices. The Robinson-Patman Act says a company cannot offer different prices for commodities of the same grade and quality (gasoline with 87 octane) to two or more purchasers when the impact of the price discrimination is to injure competition. A seller can charge a different price to meet to meet a price set by his competitor. The buyers must be in the same geographic market. A gasoline dealer in Fredericksburg is not likely in competition with a dealer in Fairfax County, but I’d argue that dealers in McLean, Tysons, Falls Church, and Vienna are in competition with each other.

          There is a case from Chicago where an oil company had established 22 pricing zones for 40 gas stations within a mile and one half of the plaintiff’s gas station. The oil company argued unsuccessfully that these were each separate competitive markets. That would mean drivers would not readily go to other stations to get the best price. I’ll bet you a dollar to a donut that, with today’s software, many gasoline wholesalers set different prices within zones that are in competition with each other.

          1. larryg Avatar

            ok.. that applies only to gasoline not other things? weird.

  6. larryg Avatar

    What’s totally hilarious here is what people would be saying if Kaine or Warner had done the gas tax increase.

    McDonnell effectively beat Deeds by claiming that Deeds would increase gas taxes on people.

    I can’t get over the hypocrisy … and how McDonnell supporters just look the other way… ” who me?”….

    At least give the Dems credit. They said that we needed a gas tax increase and said they’d work for it while McD basically lied about it… and got elected.

    I’ll say this about the GOP – they do live in denial… they demonize the Dems as tax and spend.. then whistle in the dark when their own guys do the same.

    Oh they are upset.. or they say they are.. but it wont change their belief in the GOP and their voting preferences…

    hypocrites or truth tellers.. tough choice, eh?

  7. Peter Galuszka Avatar
    Peter Galuszka

    TMT, LG,
    Everyone. Thanks for the insights into price setting and the law which I honestly admit I did not understand as well.
    However, I think we are straying from the point which is what was McDonnell’s tax deal with gasoline all about, what impact was it supposed to have had or not have had on consumers? Why go through al the contortions if the market would have prevailed anyway as far as retail gas prices? Why couldn’t they have just raised the GD gas price for the first time since the 1980s?

    Please help me figure this out.

    1. The reason gasoline prices have not gone down has nothing to do with Virginia. The price of gasoline has everything to do with the corruptness of the federal government; its worship of Wall Street; and a failure to administer the antitrust laws.

  8. larryg Avatar

    well Peter.. I know this might come as a shock to you but politicians have been known to lie for all sorts of reasons!

    And if you run for election saying you will not increase the gas tax and then you do it – you, of course, have to say that because…”blah blah blah”.. it wont really result in an increase…

    I’m not hard on the fuel companies like TMT is. It is what it is. we have some of the cheapest gas and lowest gas taxes in the world and we still complain and I think the gas companies should be free to set prices as long as they are not colluding to fix them.

    that’s damn near impossible to pull of now days with things like Gas Buddy, etc…

  9. This brings back memories…like how Virginia was, possibly, to have the lowest gas prices on the east coast:

    https://www.youtube.com/watch?feature=player_embedded&v=w32Dt-Jx1Wg#at=114

  10. Peter Galuszka Avatar
    Peter Galuszka

    Norm,
    bravo!

    PG

  11. I’m just for following the law. Small and arbitrary pricing zones are more likely to be used to manipulate retail prices than are broader zones, say Metro D.C., Metro Richmond, Metro Hampton Roads. If Gas Station A and Gas Station B are one mile apart and the wholesaler sells 83 octane gas to A at $X and to B at the lower $Y price per gallon, A’s ability to compete for drivers is harmed. That’s what Robinson-Patman is designed to stop. But the Rs close their eyes to big business, while the Ds are wetting their pants at the thought of higher energy prices. Meanwhile, A & its employees, along with the driving public get screwed. And then when we are done, the corporate welfare types want us to build them roads to permit development.

  12. larryg Avatar

    Good GOD TMT! you sound like a radical lefty!

  13. I agree with Peter for once. I see no reason why the G.A. didn’t just raise the retail gas tax to get the revenue it needed. Eliminating the retail tax, substituting a wholesale tax jiggering this and jiggering that — it’s all so Rube Goldberg.

    What happened to price transparency?

    1. While the tax change is rather Rube Goldberg in nature, a per-gallon gas tax is on the terminal list. Last year, Obama adopted vehicle gas mileage rules that will require an average of 54.5 mpg by 2025.

      1. larryg Avatar

        it could have been indexed – at the pump the same way when you buy something – your ticket shows the tax you paid and your locality receives an accounting of the total sales tax paid in that jurisdiction.

        the further you move this away from transparency, the more NoVa, and Hampton and the rest of the place in the state are going to believe that their jurisdiction is getting screwed and the other jurisdictions get the money.

        that, in turn, encourages jurisdictions to get in bed with developers to promote highways in their jurisdiction.. because they believe that it can work to bring more money to that locality from the magic money vault in Richmond.

        it’s gawd awful policy IMHO.

  14. larryg Avatar

    re: “What happened to price transparency?”

    GOP politics?

    seriously… the GOP plays this really corrupt game… pretending that you can go 25 years without dealing with inflation … whacking their opponents who say we need to increase the tax… claiming they can take care of the problem by “finding” stranded money, selling gas/oil leases, selling liquor stores, etc..

    the GOP cannot be honest with voters…. to save their scrawny butts. they are so afraid of the virulent right that they’d rather lie to voters than be honest.

    where have I gone wrong on this?

  15. larryg Avatar

    transparency? jesus H. Keerist.. what McDonald did was to DESTROY any semblance of transparency when he moved to tax to wholesale and general sales.

    how can you actually seriously ask that question given what the entire General Assembly DID VOTE FOR!

    if the folks who say they vote GOP had just a hint of backbone – they’d admit that the GOP in Va is bogus to the bone!!!!

    Hypocrisy is the GOP .. and their supporters are like lovers who don’t care what their lover is up to when not with them… good god!

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