Special session not simple

By Ed Scott
Guest columnist
Published: June 19, 2008

On June 23, the General Assembly will convene in special session to deal with transportation legislation, having been called back to Richmond by Gov. Tim Kaine. The original impetus for this special session was the decision of the Virginia Supreme Court to overturn regional transportation funding programs for northern Virginia and Hampton Roads that were included in House Bill 3202 which passed both houses and was signed by the Governor in 2007.

House Bill 3202 also contained nearly $500 million in new and ongoing revenues for transportation statewide in addition to the regional plans. Those funds remain, and the budget that passed the General Assembly in March contains approximately $10 billion in transportation funding over the biennium. Transportation consumes approximately 13 percent of Virginia’s $77 billion budget.

Legislators from northern Virginia and Hampton Roads are discussing ways in which they can raise funds in those regions that would stay in those regions. If they can reach consensus between now and the time the special session adjourns, it would seem logical that they may be able to convince legislators from other areas of the state to once again support their efforts.

Gov. Kaine has also proposed that the General Assembly increase the tax on the sale of a car and increase the cost of vehicle registration for highway maintenance and has proposed increasing the tax on the sale of a home to fund mass transit. Maintenance and transit both deserve attention and funding, but in today’s economy it is highly debatable public policy to increase taxes on businesses that are hurting the way housing and automobile production and sales are today. Where funds originate makes this transportation session more complex than a “yes” or “no” vote.

By law transportation funds are directed first to maintenance and then to construction. Rising costs for asphalt, concrete, and steel have created funding challenges that are readily apparent to anyone in these or related businesses. Interestingly though, VDOT’s tentative program for FY 2009 through 2014 assumes only four percent annual growth in VDOT maintenance as well as in payments to localities for street maintenance payments. This exacerbates the maintenance shortfall and ignores the trend of maintenance funding increases that have been approved by the General Assembly in recent years.

Legislators who are willing to look at this challenge and want to solve the problems that face the commonwealth are doing so, but they want to do more than just throw your money at an issue. That’s why it is important that we discuss opportunities to bring private dollars into Virginia’s transportation system, the use of tolls which are paid by all users of our highway system, both in-state and out of state, and continued improved government efficiency.

Like the governor does in his plan, the General Assembly may also propose rededicating some existing taxes and fees for highway maintenance.

The House of Delegates rejected the idea of increasing the gas tax in the 2008 regular session and with rising gas prices, there is no reason to think this idea would find favor in special session. Further, it likely would not raise the revenue originally projected if gas prices are changing consumption habits.

A special session is in itself an expenditure of taxpayer dollars, and the governor having called the legislature into session, should be vested in seeing substance trump politics. The conventional wisdom today predicts little substance and ample politics when we return to Richmond.

Beneath the headlines and through the rhetoric, opportunities exist to improve the roads, rails, and bridges of Virginia. Recent General Assembly sessions have brought progress, but the last special session did not. If this one also produces minimal progress, we should use the debate to continue the work.

(Guest columnist Ed Scott represents Madison County in the Virginia House of Delegates. Scott, a Republican, also lives in Madison County. Contact him via e-mail at )