Last night, the Northern Virginia Transportation Authority $300 million a year in new taxes and spending for transportation in Northern Virginia. According to the Washington Post, "even those who voted in favor did so without enthusiasm, saying they were raising local taxes to make up for the shortcomings of state government."
Raising local taxes? Whoa, wait a minute; does the NVTA have the power to do that? Not according to our old friend, Bob Marshall (R-Prince William). In today's Moonie Washington Times, Marshall argues that "Only governing bodies can levy a tax, and the [authority] is not one."
Is Bob Marshall right? Honestly, I never thought I'd be asking that question, but in this case, he just might be. Already, Loudoun County is challenging the NVTA's powers, arguing that "allowing an appointed panel of officials that cannot be held accountable at election time to levy taxes and impose fees on residents" is unconstitutional. Now, I'm not a constitutional scholar or an attorey, but I went to the NVTA website and found the following list of "powers" the NVTA was granted by the General Assembly back in 2002:
*"...prepare a regional transportation plan for Planning District Eight, to include, but not necessarily be limited to, transportation improvements of regional significance, and shall from time to time revise and amend the plan."
*"Once the plan is adopted. the Authority may construct or otherwise implement the transportation facilities in the plan."
Huh? What does it mean to "prepare" and "otherwise implement" a regional transportation plan? Isn't that what our elected officials in the Virginia General Assembly are supposed to do? Confusing.
In an attempt to resolve my confusion, I checked the NVTA Bylaws for further clarification, but all that did was to confuse me further. As far as I can tell from that document, the NVTA has the power to "identify transportation improvements to be funded over a six (6) year period." It can also produce plus a "long range" plan) to "set regional transportation policies and priorities for regional transportation projects." But approving new taxes and spending? Maybe I'm missing it, but I don't see it.
In sum, the NVTA appears to be charged with creating 6-year and "long range" plans for regional transportation priorities in NOVA. Is that what the NVTA did last night in approving $300 million a year in new taxes and spending for transportation in Northern Virginia? Does the NVTA have the constitutional authority to do this? Again, I'm no legal scholar, but I can't find it. Which leaves me with the uncomfortable feeling that, as much as I hate to admit it, the guy I like to call "Sideshow Bob" may be right. And that feels so wrong! Ha.
Lowell, you can at least take comfort in the fact that Bruce Roemmelt probably agrees with Sideshow Bob. But unlike Sideshow, Bruce knows how to be reasonable, gain the respect of his colleagues on both sides of the aisle, and carefully work towards exacting solutions. Instead Sideshow Bob only knows how to be a freak and alienate people so if and when he has a good idea (like APFO and impact fee legislation) people tune him out and don't take him at all seriously.
Transportation funding and reform. Provides (i) statewide funding of transportation projects through current funds and additional funds, (ii) authority to the Northern Virginia Transportation Authority and the Hampton Roads Transportation Authority to impose regional fees and taxes for transportation in their respective areas, (iii) authority to each locality embraced by either Authority to impose an additional real property tax on commercial property with the revenues to be used for transportation, and (iv) several administrative and efficiency reforms impacting transportation. The bill also authorizes the Commonwealth Transportation Board to issue bonds in an aggregate amount not to exceed $3 billion for statewide transportation funding with the debt service on such bonds to be paid from one-third of the annual revenues from the state tax on insurance businesses.