Bacon's Rebellion

Democracy Thrives in Sunlight

Would Someone Just Pick up the Darn Phone and Straighten This Out?

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by

James A. Bacon
in

The authors of the General Assembly transportation package and the Governor’s Office are talking past each other. The disagreement: the meaning of a passage in HB 3202 and its impact on local governments.

Gov. Timothy M. Kaine says the bill would require Northern Virginia localities availing themselves of new regional taxes to take over planning and construction of secondary roads from the state. The Fairfax County supervisors apparently read the legislation the same way. But Del. Clay Athey, R-Front Royal, a lead architect of the bill, insists it ain’t so.

The Governor bases his interpretation on “Line 329,” which spokesman Kevin Hall says “couldn’t be more clear.”

Here is what Line 329 (and surrounding lines) says: “The funds under this subsection shall be conditioned on the following: … that for any county imposing all of the fees and taxes … all state secondary road construction funding due such county shall be transferred to such county, and the county shall assume full responsibility for planning and constructing secondary roads pursuant to 33.1-75.3.”

Here’s what I think is happening. Kaine and the Fairfax supervisors are giving this reading to the bill: Localities must take over responsibility for all secondary roads. Athey (I think) interprets it to mean that counties take over responsibility for construction of secondary roads funded by the new taxes and fees, leaving room for the Virginia Department of Transportation also to build new secondary roads.

There isn’t a disagreement over what the language should say, only what they think it does say. The entire controversy could be cleared up by amending the language of the bill to eliminate any ambiquity. But that might actually require feuding parties to communicate by means other than the mass media. Someone needs to pick up the phone and straighten this out.

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5 responses to “Would Someone Just Pick up the Darn Phone and Straighten This Out?”

  1. Larry Gross Avatar
    Larry Gross

    You might be right but what I think is happening is that localities see this as the nose of the camel under the tent and that longer term… it means the permanent disappearnce of VDOT from local and secondary roads.

    In other words.. this is the warning sign.

    There are two counties and all cities in Va that already do this and they have not ended up in gridlock as a result – and – in fact – localities then have much more ability and wider options with respect to such roads and could cobble all of this together into fairly comprehensive policies that also include CDAs, TIFs, proffers and impact fees so that they can actually plan out their own respective destinies.

    WHY in heaven’s name the GOP can’t make this case in “selling” their approach is beyond me.

    All I can figure is that most of them including Howell really don’t know .. haven’t thought.. about the legislation and how it might be actually useful to localities.

    so.. they don’t have a clue on how to sell it and prefer instead to attack Kaine…. which I think is rather dumb.

    It’s almost as if they are positioning themselves to be Kaine’s foil.

  2. Jim Patrick Avatar
    Jim Patrick

    L 327 2. That for any county imposing all of the fees and taxes pursuant to subsection B of § 46.2-332, and
    L 328 §§ 58.1-802.1, 58.1-2402.1,
    58.1-3221.2, and 58.1-3825.1, all state secondary road construction funding
    L 329 due such county shall be transferred to such county, and the county shall assume full responsibility for
    L 330 planning and constructing secondary roads pursuant to § 33.1-75.3.  Such county may contract with the
    L 331 Virginia Department of Transportation, or any other entity to aid in the planning and construction.

    Jim – It is not a mistake, it’s deliberate policical posturing. As written, if a jurisdiction wants to take over all its own roads, the way to do it is to enact/assess “all of the fees and taxes” listed. Then, and only then, will state funding (direct to the county) be triggered and the road care transferred to the county.

    Apparently the Governor and NOVA want the ability to assess “all of the fees and taxes” without any of the responsibility.

  3. Larry Gross Avatar
    Larry Gross

    Then how would you explain that two counties in Va already have taken over their roads without enacting all these fees and taxes?

  4. rodger provo Avatar
    rodger provo

    Larry-

    I think Arlington and Henrico counties entered into an agreement
    with the state after WW II to
    take over the responsibility of
    all of the roads in their communities.

    If you dig further into this bill you will
    find that the $25 – $30 million
    provided for VRE in this package
    is linked to the Northern Virginia
    suburbs enterting into the regional
    transportation authority with the
    imposing of the various fees and
    taxes linked to that provision.

    Officials around Fredericksburg are
    upset about this provision for it
    means relief for VRE users there
    are held hostage to this provision
    which Prince William County officials and others up north are
    not buying.

    PW has spent $500 million on roads
    since 1998 using local bonds, thus
    placing additional burdens on their
    real estate tax base with the debt
    service obligations.

    Now they are being asked to load
    more taxes on their residents by
    a state government that has not
    met their needs via the transportation authority concept.

    What a mess!!!!!

  5. Larry Gross Avatar
    Larry Gross

    Rodger – are you talking about the Potomac Rappahannock Regional Authority – the one that is associated with VRE or a different one – the NVTA (NoVa) Authority.

    I’m not liking this bill either but I think that some of our problems are do to localities and Regions not integrating their land-use decisions with the invetiable transportation consequences associated with them.

    This occurs across all urbanizing regions in Va right now and I simply don’t think it is realistic for EACH of them to ASSUMBE that RoVA should pay increased taxes for each of their regions.

    In the end – most of the financial responsibility should fall to the folks in local jurisdictions and regions.

    If they plan badly, then local citizens will suffer AND should hold their local officials responsible for bad planning.

    Right now.. local officials and even MPOs plan badly.. make WRONG choices on how to expend precious and limited transportation dollars and then they go running to the “State” to bail them out when in reality the “State” is nothing more than other taxpayers living in other regions who also believe that others outside THEIR regions will help them by paying higher taxes.

    Until we strongly link local land-use decisions with LOCAL transportation decisions.. we will ALWAYS expect the state to bail us out of bad decisions on our part.

    ALL we are doing in raising taxs on everyone is .. encouraging continuation of a disasterous and irresponsible approach to transportation planning. (my opinion).

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