The Shape of the Future

E M Risse


 

Transport in the November Election

Politicians are fixated on finding more money for Virginia's ailing transportation system, whether through taxes, tolls or private investment. But without Balanced Communities, there will never be enough money.


 

Nearly everyone agrees that improving mobility and access in the Commonwealth is a priority. Relieving transport congestion is critical to the health, safety and welfare of the citizens of the Commonwealth and to the prosperity of families, enterprises, institutions and agencies. Beyond that threshold agreement, however, most of what one hears about transportation -- in particular the common refrain, “we need more money to fix the problem” -- is debatable, if not outright wrong.

 

More money is not the solution. More roads and rail lines are not the solution. In the absence of Fundamental Changes in human settlement patterns, many of the pet projects touted by legislators would only make matters worse.

 

This column is the second of three detailing overarching issues that candidates for election in November need to confront, and that state and local governments have the power to address:

  • Reforming the Property Tax” (20 June 2005)

  • The mobility and access crisis (This column)

  • The shelter crisis (The next column)

Understanding Mobility and Access

 

When forced to consider the mobility and access issue comprehensively, most professionals and citizens see the need to establish a balance between transportation system capacity and travel demand.  Travel demand is determined by the pattern and density of land use. In recognition of this fact the mantra at the Virginia Department of Transportation has morphed from “We build roads” to “We cannot build our way out of congestion.”

 

However, almost no one is willing to say what this glib slogan really means. What it means is that more money (regardless of the source) or new facilities (regardless of the design or mode) will not improve mobility and access (aka, reduce traffic congestion) without Fundamental Change in human settlement patterns.  Period.

 

Improved transport systems will require future investments. Right now there is no way to know which projects it would be wise to spend money on.  There will be no way to determine where to spend money until there are truly comprehensive plans for functional human settlement patterns and for transport systems that serve the travel demand generated by these patterns.

 

Realistic comprehensive plans must be created for every New Urban Region and the Urban Support Regions that include the Virginia Countryside. Likewise, there must be plans for interregional and interstate transport.  Only then will the Commonwealth have a sound basis for decisions on where to spend money for transport facilities.  If past experience is a guide, spending money before the plans are in place actually will make congestion worse.

 

As luck would have it, money is not likely to be available any time soon.  Two of the three candidates for governor are pledging “no new taxes” and the third one would have a hard time passing any quick-and-dirty revenue measure given the current voter view of government and its ability to spend money wisely.  The 2003 sales tax votes in the northern part of Virginia and in the Hampton Roads New Urban Region demonstrate that voters will not approve new taxes unless they know what they are getting. Citizens are far ahead of governance practitioners in understanding the futility of tossing money at congestion.  Many already understand that this tactic creates more problems than it solves.

 

Before examining what the candidates' would do if elected, let us first consider what is being put forward as the facility “solution” and a “painless” way to raise money to pay for the “solution.” 

 

The HOT Solution

 

The primary facility “solution” for improved mobility being advocated in the current political climate is toll roads and high occupancy toll lanes (aka, HOT lanes). VDOT is exploring HOT lanes on the Beltway, I-95/I-395, I-81 and elsewhere. Will HOT lanes work or will they just make things worse?

 

Before we go any farther, let us make it very clear we do not reject the use of HOT lanes on philosophical grounds as some opponents do.  As outlined in End Note One, we, in concert with others, advocated the idea of toll HOV lanes in the mid 1980s.  Our idea was to collect tolls that varied by time and number of occupants on the Shirley Highway HOV lanes in Fairfax County.  The goal was to expand the use and utility of the “underused” lanes and generate revenue for needed transport improvements.

 

Like telework, shared-vehicle systems and other ideas, HOT lanes have a roll in a region’s transport system.  They can provide increased capacity on a specific link while functional human settlement patterns evolve. Our mid-80s proposal was shortsighted in that it was not coupled with a strategy to evolve Balanced Communities in the I-395/I-95 corridor.

 

More than a decade after our idea was discussed in Fairfax County, the HOT lanes idea was applied on a bottleneck stretch of California Route 91 County in the Los Angles New Urban Region.  California Route 91 links bedroom urban enclaves in eastern San Bernardino and western Riverside Counties and employment enclaves in Orange County.

 

In mid June The Washington Post provided a snapshot of what has happen in the decade since the Route 91 HOT lanes opened. (See End Note Two.) Every person interested in mobility and access should understand the context and results of the California Route 91 HOT lanes.  Perhaps not surprisingly, The Post reporters provide facts and feelings about California Route 91 HOT lanes but missed the big story: HOT lanes are not a solution to regional and subregional traffic congestion.

 

The California Route 91 HOT lanes proved that some citizens people will pay more and more money to escape congestion. (Some also will drive far out of their way to avoid the HOT lane tolls thus adding to the total Vehicle Miles Traveled in the subregion.) That some will pay a lot of money is good news for bond holders but not for citizens of the region. HOT lanes really do become “Lexis Lanes” – $7.50 for a one-way, 10-mile trip.  That is up from $2.50 when the lanes opened in 1995 -- despite Orange County also adding more capacity to the non-toll lanes.

 

We recall the early fear among HOT lane advocates that not enough drivers would pay the tolls. If getting drivers on the road is the measure, the HOT lanes are a “success.” But the goal should not be to get the greatest number of people on one road at one time.  The goal should be to provide mobility and access for all citizens in the region with the smallest expenditure of public funds and non-renewable resources.

 

The California Route 91 experience proves that creating HOT lanes induced tens of thousands of citizens to invest in houses and business in locations that cannot be served by functional or efficient transportation systems.

 

More lanes (HOT lanes or cold lanes) without Fundamental Change in human settlement patterns do NOT address the problem of regional traffic congestion. HOT lanes provide temporary relief in a specific corridor for those who can afford to pay the toll. In the long run, however, they induce more bad location decisions by both public and private decision makers.

 

The HOT lanes have resulted in greater dependence on foreign oil, more air pollution and more dysfunctional scatteration of urban land uses. In fact, HOT lanes have generated more of all the bad things that traffic congestion brings to a region.

 

The Washington Post points out another downside of the HOT lanes in the I-395/I-95 Corridor. (See End Note Three.) In a story that appeared on the same day as the California Route 91 HOT lane story, The Post outlined the negative impact on “Slugs” who take advantage of the HOV rules to create a voluntary, free-market ridesharing program that has almost no public cost. (For another perspective of the HOT lanes see “Proposed I-95 HOT Lanes A Mixed Bag: They’d Pay Their Own Way but Inspire More Sprawl,” by Bob Burke published under the "Road To Ruin" initiative.) We examine below whether HOT lanes in fact “pay their own way.”

 

Public-Private Partnerships

 

The 2003 sales tax votes and the last two legislative sessions show there will be no easy sources of money, so the “we-need-money-now” advocates are looking for other ways to raise funds. The discussion often turns to the topic of “public-private partnerships” and to “private investment” in public transportation infrastructure. Pat McSweeney’s Bacons Rebellion columns have offered a number observations on the inherent dangers of this tactic.  So have some Virginia editorial writers.  On 30 June Jim Bacon tied together a number of these issues in a post on Road To Ruin Blog titled “Public-Private Partnerships and Assumption of Risk.”

 

The biggest problem, as noted in Bob Burke’s story on I-95 HOT lanes ("Proposed I-95 HOT Lanes a Mixed Bag," June 27, 2005) is the negative impact on settlement patterns. Close behind is the risk to citizens and to the Commonwealth caused by private profit incentives skewing the location and design of public infrastructure -- putting roads in the wrong location.  Also, after toll roads are built, a shortfall in tolls can be used as an excuse for new development in dysfunctional locations, as illustrated illustrated by the proposal of Australia-based Transurban to buy out the Pocahontas Parkway southeast of Richmond.

 

Another problem is that public-private partnerships are proposed only where traffic congestion will support toll collections or where someone can make a lot of money from speculative land development. It is clear that no one will invest in bonds for toll roads, toll lanes, rail lines or new bridges where there is no demand.

 

Then there is the problem of eminent domain.  Those concerned with use of the power of eminent domain recently sanctioned by the Supreme Court in Kelso v. New London (taking the homes of the less well to do for profit- making businesses) should have a field day about using the power to take homes along the Beltway so private companies can make money building toll lanes that in the long term do not improve mobility.  One must ask how is it better to wipe out private holdings so a big company can build and operate a toll road for profit than for a public agency to wipe out private holdings so a private company can build buildings and create jobs?  The real issue is, of course, whether the activity serves the long-term public interest.  HOT lanes fail that test, and so will other transport projects that are not planned in conjunction with new settlement patterns that reduce per capita and per vehicle travel.

 

Public-private partnerships, including those to create HOT lanes, do many things:

  • They generate big fees for attorneys, consultants and engineers even if nothing is built.

  • If something is built they generate revenue for engineers, road builders, bond traders and land speculators.

  • They provide political cover for politicians who can say, “See, we are doing something.”

The problem is: Without Fundamental Change in settlement patterns these projects do not improve mobility and access.  In fact, without Fundamental Change in human settlement patterns, they make things worse over the long run. By contrast, if settlement patterns were made more functional and more transportable, then citizens would support public-private partnerships and tolls.

 

Without a balance between transport system capacity and travel demand, new facilities encourage an untransportable distribution of trip origins and destinations. This causes citizens to make bad location decisions which in turn generate the demand for more dysfunctional facilities.

 

No Exit

 

We have explored the reality of mobility and access improvement, of HOT lanes and of public-private partnerships before looking at what the candidates for state wide office are saying for one simple reason: There is no exit.  There is no way for politicians to escape facing the real need to balance the trip generation of human settlement patterns and the capacity of transport systems.

 

The tactic of planning and building transport facilities on an ad hoc, “where we think people want to go” basis is a dead end. More facilities like the ones we have been building for the past 80 years do not improve mobility and access. The mainstream media and politicians continue to try to ignore reality. For instance, one thing all three candidates agree on, according to the media, is that the private sector should invest in public transport projects.  Why not? By the time it is clear these projects do not work they will be retired. HOT lane and public-private partnerships give politicians cover that they are “doing something,” and they provide road builders with big, profitable projects.

 

At a 30 June forum on transportation solutions in Prince William County, The Washington Post reported that: “Former state transportation secretary John G. Milliken promoted public-private partnerships while C. Kenneth Orski, editor of the Innovative Briefs transportation newsletter, pointed to high-occupancy toll lanes as an answer to funding and traffic problems.”

 

The transportation “solutions” that are being put forth by the media, politicians and the transport professionals who live off of USDOT and VDOT programs suggest what a drug rehabilitation program would be like if it were run by the addicts. “Just give us more money to buy more of what I have been buying and we will be fine and so will you.”  The Post wastes tons of ink and paper on editorials claiming the earth is flat and that what we need is more money to solve the mobility problem. (See End Note Four.) 

 

As noted in the summary of “Regional Rigor Mortis” (June 6, 2005), Tony Downs of the Brookings Institution says congestion is inevitable result of choices that citizens make concerning the way they want to live. He cites the desire for large individual lots and scattered locations for jobs, homes, good and services, recreation.  Downs never examines the question: “What would happen if citizens were required to paid full, fair price for location decisions?”

 

Actually, the market demonstrates that only a small percentage of the population wants to live the way Downs and others suggest.  Many have no choice about living in scattered, low-density subdivisions due to the Shelter Crisis.  The free market would support sustainable human settlement patterns if the playing field were level and those who make location decisions paid the full cost of their choices.

 

What the Candidates Are Saying So Far

 

On property tax reform all three gubernatorial candidate have completely missed the issue.  There is no talk of reform, just “relief.”  (See “Reforming the Property Tax,” 20 June 2005.) On transport, all three candidates agree that is is important to offer a “solution.” They all hope to get elected by expressing empathy for those stuck in traffic and without having to articulate a specific program. That is because specifics give the opposition something to shoot at.  On the other hand without specifics voters have only slogans like “car tax” to go on.

 

With three candidates that means if someone steps forward with a program and the others have to do it too or lose. One candidate has already started to take stands on some key issues. The others must follow or they will be lost.

 

Because Virginia's governor is a lame duck the moment he is elected, some pundits counsel mumbling about feeling the voters' pain and then tossing the problem to the legislature.  Voters will recall that it was the General Assembly that robbed the transport fund to pay for other programs even though it was clear that mobility and access threatened economic prosperity and quality of life of vast majority of citizens of the Commonwealth.

 

Since recent Virginia governors -- Robb, Allen and now Warner -- find higher office attractive after their term, transportation provides candidates with a golden opportunity. If they spell out a real mobility solution, the strategy would work for every New Urban Region where the vast majority of Virginians live and the Urban Support Regions where the rest of them live. Such a strategy could establish a landmark for entire nation.

 

So what are the candidates saying to date? Michael D. Shear, a reporter for The Washington Post who is covering the election, put it this way in a recent summary:

 

“Former attorney general Jerry W. Kilgore (R) wants to create regional road authorities that could hold referendums on raising taxes. Lt. Gov. Timothy M. Kaine  (D) promises a personal tour statewide in which he would listen to concerns about traffic. Sen. H. Russell Potts Jr. , the Republican from Winchester who is running as an independent, says he would call a special legislative session.”

 

Shear has been more specific in other stories but none of the three candidates has a definitive, realistic plan that will improve mobility and access. We first examine what each candidate has put on the table and then what they need to add to create a creditable program.

 

Tim Kaine. Kaine’s program is the most definitive now in play. Kaine’s four-point program as outlined in his press release of 23 June 2005:

 

1.  Veto any new tax until there is constitutional amendment to prevent raiding of the transportation trust fund. One voter observed: “Great, we have to have constitutional amendment to protect citizens from the representatives we send to Richmond.”

 

S/PI and others have argued that a rational annual increase in the gas tax would be a good idea–and has been since at least 1973.  But while we need increased levies on non-renewable resources, Kaine’s idea of not adding new transportation revenue right now is a good one. It will be 2009 (the soonest there could be a constitutional amendment) before there could be plans for transportable settlement patterns and transport systems on a regional scale necessary to achieve mobility and access. 

 

2.  Continue the improvement in VDOT budgeting and scheduling that Warner and his appointees have achieved. No one could argue with this. It is just a shame good people like Dave Gher had to be sacrificed on the alter of political expediency by past Governors.

 

3.  Integrate transportation (planning) with land use planning.  Now there is an idea that should have been on the books since 1920. Better late than never, but how to do it? What are the details?  (See “The Shape of Richmond’s Future,” Feb. 16, 2004.)

 

4.  Improve Virginia train service.  Yes, but: Trains are imperative for long-haul freight (I-81 and I-95) and for mid- and some long-haul passenger travel.  Extensions of “commuter” and other “trains” has to be coordinated closely with the settlement pattern.  (See “The Commuting Problem,” Jan. 17, 2005)

 

“Reconnecting Virginia” has a lot of good ideas but is far from a implementable plan. Kaine needs to scrap the promise to travel around the state listening to citizens tell him about their transport related pain.  If citizens knew the root cause of transport dysfunction they would not have made the location decisions that caused the pain in the first place. A series of town meetings across the Commonwealth is akin to plotting a medical strategy for stomach cancer by asking people to tell how they feel about their stomach aches.

 

Tim Kaine needs to add other elements spelled out below and state clearly that without Fundamental Change in human settlement patterns more money will not help.  In our view, the Enviros jumped on the Kaine bandwagon before it had all its wheels.  He could do better and they could have helped make it happen. They still can, but have lost leverage and credibility.

 

Jerry Kilgore.  Kilgore has echoed Kaine’s promise to veto a statewide tax increase.  Beyond that he has come forward with nothing but “regional agencies” and a promise not to interfere with regional tax votes.  The regional agency idea is not one to be discounted, it just needs a lot of specifics and must address both transport and settlement patterns to achieve a balance.

 

Kilgore has not pleased many of his party's biggest funders who want a “road governor” and know, based on the 2003 referenda in Hampton Roads and the northern part of Virginia, that citizen votes on a regional scale are not likely to build the scatteration-inducing “roads-to- nowhere” that they seek.

 

Russ Potts. Most agree with Til Hazel that neither Kaine nor Kilgore now have a “plan” for mobility and access. The problem is that Potts, who Hazel supports, has even less of a “plan.”  Appointing a “commission” and calling the legislature into session do not constitute a plan. There are a lot of questions about who might be on a commission. Is not the legislature the same group that some think a constitutional amendment is needed to protect against continuing past practices?

 

What Each Gubernatorial Candidate Can Do to Create a Plan

 

Tim Kaine. Kaine needs to start by admitting the obvious: More money alone will not help.  Next he needs to detail how transport and settlement pattern are going to be brought into balance.  A regional agency is not enough. He needs to articulate how neighborhoods, villages and communities will decide the path to achieve access and mobility while preserving prosperity, stability and achieving sustainability.

 

Jerry Kilgore. The Kilgore program has to start with far more detail on the “regional agency” idea that includes a way to achieve a balance between land use trip generation and transportation system capacity.  Then he needs to endorse Kaine’s four points as augmented above.  Oh yes, he must also take the “money is not enough” pledge.

 

Russ Potts. By having no plan, Potts has left himself a lot of flexibility and so could come up with a plan. Potts needs to start by admitting that more money without Fundamental Change will not help and by embracing the Kaine and Kilgore modified positions outlined above.  He also needs to be specific about the principles that would guide his administration on transportation and who he would appoint to help him establish policy and execute programs.

 

Where to From Here

 

Wait a minute! Under the above prescriptions for a viable transport position all the candidates would have the same position!  Why not? Everyone agrees transport is critically important.  There are not a lot of choices if you want to solve the problem as opposed to just creating smoke screens. 

 

Let transport be a “non political” issue as columnist Barnie Day suggested before Potts got into the race and Kilgore gave him exposure by refusing to debate him. Now with three candidates in the race, it is more important than ever to have an agreed-to agenda on access and mobility.

 

Let voters choose between the three candidates based on Property Tax Reform and solving the Shelter Crisis where there are a lot more options and the issues are not as clear.  Next time we look at the Shelter Crisis.

 

-- July 11, 2005

 


 

End Notes

 

1. Some have suggested that the idea for HOT lanes was conceived in the 90s. In fact in the early and mid 1980s while serving as co-chair of the Fairfax County Chamber of Commerce’s Transportation committee and a member of the Board of Directors, EMR and other committee members proposed tolls on the Shirley Highway that varied by how crowed the lanes were and by the number of riders in the vehicle.  Buses, vans and 4 persons would go free, those with 3, 2 or 1 rider would pay a sliding scale fee depending on the level of traffic at the time to keep the lanes from ever becoming congested. We even had ideas for collecting the toll which since have been eclipsed by new toll collection technology. The California Route 91 experiment shows the need for dynamic pricing with changes in the fee depending on the level of traffic at any given time.

 

2. Argetsinger, Amy and Steven Ginsberg. “Lessons of California’s Toll Lands: Appeal and Hazards Offer Glimpse of Virginia Beltway to Come;” The Washington Post; June 20, 2005, Page A-1.

 

3. Ginsberg, Steven. “New HOT Lanes Could Imperil Carpool Practice;” The Washington Post; June 20, 2005 Page B-1

 

4. "Lane Gains," The Washington Post; June 24, 2005; Page A 30.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ed Risse and his wife Linda live inside the "Clear Edge" of the "urban enclave" known as Warrenton, a municipality in the Countryside near the edge of the Washington-Baltimore "New Urban Region."

 

Mr. Risse, the principal of

SYNERGY/Planning, Inc., can be contacted at spirisse@aol.com.

 

Read his profile here.