Bacon's Rebellion

James A. Bacon



 

Back to the drawing board

Down But Not Out

 

Mark Warner may have taken a pounding at the polls last week for championing the sales-tax referenda. But Virginians still want solutions for congested roads.


 

Call it Karmic retribution. Last week, I drove down to Norfolk to participate in Joel Rubin’s public affairs show on WVEC. Only three days before, Hampton Roads voters had thrashed a proposal to hike the sales tax to pay for a number of big-ticket transportation projects. From my vantage point in Richmond, I’d questioned the wisdom of the raise-taxes-and-build-more-roads approach to solving traffic jams, and had specified a number of remedies that didn’t require raising taxes. Intrigued, Joel gave me a few moments of airtime to opine on what the options were.

 

I planned on taking Interstate 64 back to Richmond that afternoon, but as I approached the Granby Street interchange, I spotted a long line frozen in place on the on-ramp. Not one car was budging. Having no idea of what the problem was nor how long it would last, I retraced my steps back through Norfolk, aiming to cross the river over the Monitor-

Merrimac bridge-tunnel. But even that was a chore: The Norfolk-Portsmouth tunnel was a stop-and-go fiasco all the way to the other side of the Elizabeth River.

 

It was one thing to spin abstract policy ideas, I thought as I stewed in my car, and quite another to solve real-world problems like those confronting Hampton Roads. Perhaps the region’s unique geography, sliced by bays, rivers and estuaries, created transportation chokepoints and bottlenecks that defied conventional remedies. Perhaps in my smug self assurance in questioning the tax hikes, I mused, I’d brought the wrath of the traffic furies upon myself.

 

A little humility also might be in order for the pundits who interpret the voters’ repudiation of the tax proposals in Northern Virginia and Hampton Roads as a devastating setback for Governor Mark R. Warner. By skewering the two referenda, anti-tax partisans certainly eviscerated talk about taxes. But an intractable reality remains: Virginia’s roads are still crowded, and they’re getting worse. People still want solutions. The battle is far from over.

 

Warner sounded far from defeated in his concession speech Tuesday night. “I am not going to give up on better roads and improved mass transit,” the Richmond Times-Dispatch quoted him as saying. “I now call upon those who opposed them to help us find workable solutions.”

                             

If I were the governor's adviser, that's exactly the tone I would urge him to strike. Indeed, I would suggest, if Warner makes the correct political adjustments, he can end up stronger and more popular than ever. His challenge is to fashion strategies that reconcile the public’s demand for congestion-free roads with its steadfast resistance to new taxes. If he can make that leap, the referendum debacle will soon be forgotten.

 

Contrary to the prognostications of some observers, Warner survived the election largely intact -- the elections were always a referendum on roads and taxes, not a referendum on Mark Warner. Tax resisters railed against the Virginia Department of Transportation, plagued by cost overruns and political meddling by the previous administration. They campaigned against the General Assembly, which had raided funds set aside for transportation projects in the past. But the governor's integrity and competence never became an issue.

 

At the same time, the winners are weaker than they appear in the flush of victory. The Northern Virginia opposition, in particular, comprised an unlikely alliance of smart-growth environmentalists and conservative tax rebels. With the election over, the coalition will fracture. The two movements will pursue very separate agendas.

 

A final point: The anti-tax movement, despite winning a resounding populist victory, did not produce an elected leader[1] of sufficient stature to challenge Warner. Prominent Republican legislators, who had endorsed the tax-and-build measures along with the governor, are in no position to turn around and criticize him. Indeed, Republicans are far more likely to find themselves alienated from their natural constituencies than the governor, a Democrat, will. The most likely outcome of the Nov. 5 election will be internecine warfare between moderates and anti-tax insurgents that keeps the majority party divided and distracted.  

 

The bash-the-tax campaign did produce one rising star, Sen. Kenneth Cuccinelli, R-Centreville, who won a special election this summer and then led the charge against Northern Virginia’s tax referenda. Cuccinelli may well become a force in Northern Virginia politics, but his appeal will be limited downstate. Playing on regional frustrations, he vowed to win more money for Northern Virginia by reworking the transportation funding formula for divvying up the state gas tax. But his proposal is a non-starter. Rural legislators, still a potent force in the General Assembly, would resist furiously any move to reallocate transportation funds, which they regard as vital to economic development. The governor, who rightly opposes the suggestion as a “zero sum game,” also would fight the measure.

 

In sum, although Warner suffered a setback, there is no outside force to prevent him from regaining the initiative. What happens next depends entirely upon how he responds to last Tuesday's defeat. If he reverts to the political consensus that prevailed before legislators hatched the regional referenda – the solution to congestion is raising state taxes and building more roads – he will remain vulnerable to the energized anti-tax movement. But if he gracefully accepts the outcome of Nov. 5 as the will of the people and starts looking for alternative transportation solutions, he can regain the political initiative.

 

In fact, Mark Warner has the opportunity to build a legacy not only as a can-do governor who averted fiscal crisis and made government more efficient, but as the first governor to ever address the root causes of traffic congestion.

 

The root cause of traffic congestion, as serious scholars of urban development are nearly unanimous in proclaiming, is the pattern of hop-scotch, low-density, autocentric and pedestrian-hostile development known in common parlance as urban sprawl. For whatever reason, leaders of Virginia’s business and political establishment are exceedingly reluctant to acknowledge this fundamental reality. Warner will have to break this taboo if he hopes to make any progress in transportation policy.

 

A no-tax-increase approach to transportation would include the following broad elements:

 

  1. The Commonwealth must shift from a stance of enabling development on the urban fringe, where new roads must be built, to channeling development back into areas -- primarily in cities and aging suburbs -- where roads are underutilized.

  1. While respecting the right of localities to control their land use, the state should take the lead in encouraging more traffic-efficient patterns of urban design. Perhaps the Warner administration could bring in top urban planners from around the state and even the country to create model zoning and development ordinances along the lines of the neo-urbanism movement that most localities could not afford to develop on their own.

  1. The state should aggressively identify projects capable of supporting tolls, then seek to finance them through public-private partnerships and the issuance of revenue-supported bonds. The public doesn’t like tolls, but they’re less hostile to them than taxes. Tolls, after all, are user fees. Anyone who doesn't want to pay them enjoys the option of commuting to work the same way they always did.

  1. The Virginia Department of Transportation should experiment with converting underutilized High Occupancy Vehicle (HOV) lanes to open lanes or, where practical, to congestion-pricing toll roads.

  1. Rather than blindly pouring money into mega road and transit projects, the state should consider alternative transportation modes such as walking, biking and working at home. These three unconventional options get little public investment, yet in 2000 still accounted for nearly twice as many of Virginia workers as mass transit, which has received billions of dollars in subsidies over the years.

I have enumerated other no-tax congestion-

fighting strategies elsewhere, so I will not belabor them here. Needless to say, the options are multitudinous. But it will take prodding from the top for VDOT and local governments to overcome decades of doing business as usual.

 

Some of these policies are the appropriate domain of Secretary of Transportation Whittington W. Clement. But Warner is fortunate to have on his team a highly qualified person to tackle issues related to sprawl. W. Tayloe Murphy, the secretary of natural resources, spent years as a member of the General Assembly studying land use issues. He understands the legal and constitutional complexities of taming urban sprawl. Murphy would add valuable experience and insights as the administration goes back to the drawing board on transportation policy.

 

No other Virginia governor has dared to tackle sprawl. But the tax revolt, traffic congestion, fiscal crisis and the reinvention of government have brought all the stars and planets into alignment. Governor Warner has been presented an historic opportunity if only he will grasp it.

 

-- November 11, 2002

 


[1] One of the biggest winners from the referendum may be Patrick McSweeney, who is neither an elected official nor even a resident of either Hampton Roads or Northern Virginia. The Richmond attorney, who happens to be a contributor to Bacon's Rebellion, campaigned tirelessly and effectively against the tax proposals.

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