Category Archives: Governance reform

Public-Private Partnerships and the Allocation of Risk

risks

Oops.

by James A. Bacon

It’s easy to whack Virginia’s public-private partnership law for failing to meet expectations for transparency and public involvement. (I have done so repeatedly.) There are important issues that the legislature needs to deal with, as the controversy over the U.S. 460 Connector has made abundantly clear. But there are virtues to public-private partnerships that have gone unsung. Perhaps the most important of these is the identification and mitigation of project risks.

Virginia’s transportation public-private partnerships (P3s) have an elaborate process for identifying risks, tracking them and allocating them between the public and private partners, according to the “Special Review: US 460 Corridor Improvements Project” ordered by Transportation Secretary Aubrey Layne. The review was tasked to dig into how the state could have paid US Mobility Partners nearly $300 million under terms of the U.S. 460 partnership deal even though U.S. Army Corps of Engineers (USACE) permits had yet to be issued and construction had yet to begin.

As the Special Review explains, there are a wide variety of risks in a transportation mega-project:

  • Development risks: design conflicts, environmental permits, changes in regulation, lack of financing, right-of-way acquisition, politics.
  • Construction risks: cost overruns, design defects, unknown utilities, acts of god.
  • Operation & Maintenance risks: shortfalls in traffic demand, construction of competing facilities, design defects, political and regulatory changes.

“Under traditional public procurement of highway projects, the public agency retains most of the risks, yet these risks are not usually quantified, nor are their costs always included in the project cost estimates,” states the review. “A key component of P3 procurement involves the transfer of certain risks from the public agency procuring the project to the private sector partner. The concept of ‘transferring risks’ requires that the private partner will be responsibile for cost overruns or expenses associated with the occurrence of that risk.”

An example of a risk that might be transferred to the private sector is construction risk — the risk the the project may not be completed on budget or on time. Another is transportation demand risk — the risk that traffic and toll revenues may not materialize as forecast.

In embarking upon a P3 project, Virginia’s Office of Transportation Public Private Partnerships (OTP3) compiles a “risk register,” which systematically identifies all major risks and decides whether the state should retain the risks, mitigate them, insure against them or transfer them to the private sector partner. Risk registers are updated as new risks are spotted and old ones closed out.

In the case of the 460 project, OTP3 maintained a risk register over five years, from 2008 until 2012. The office held four risk workshops in which the project team included OTP3 and VDOT representatives, consultants and key stakeholders. The group discussed different risk items, the probability of occurrence, cost and schedule impacts and appropriate actions to manage each item.

An independent audit found that VDOT had accounted for and/or mitigated the major project risks. The audit team estimated that the present value cost of these risks ranged from $177 million to $295 million (depending upon the methodology used) above the official $1.4 billion project cost.

In the case of environmental approvals, VDOT purchased wetlands credits in the summer of 2012 in anticipation of wetland mitigation discussions with the Corps of Engineers and conducted a study to collect additional data to facilitate those discussions. Based on correspondence with the Corps, the independent auditors concluded that the risk profile for the permitting element of the project had been reduced substantially.

While all material risks were adequately identified, concluded the report to Layne, the authors concluded, “We do not believe key stakeholders, including the public, were aware of the nature and extent of risks associated with the 460 project.” The problem was not the identification of risks but the failure to share that information with the Commonwealth Transportation Board.

Bacon’s bottom line: It’s good to know that the people negotiating P3s understand risk, which is more than we can say about politicians flogging forward traditional VDOT projects. But what does all this have to do with the U.S. 460 fiasco? It narrows the scope of the problem. Whatever went wrong, it wasn’t a failure of the OTP3 office to identify the wetlands risk. I’m still not clear, however, where the project ran off the rails — how the state managed to shell out $300 million before the wetlands issue was resolved. Hopefully, I’ll get more answers as I continue wading through the report.

More Transparency, Please, Asks CTB

transparencyby James A. Bacon

Overlooked in the hoopla over the $1.4 billion Route 460 controversy, it appears that the Commonwealth Transportation Board has made an important bid to inject more transparency into decision-making affecting public-private partnerships (P3s). Desiring a “more robust discussion” of such projects, the board has asked the director of the Office of Transportation Public Private Partnerships (OT3P) to conduct a review of its processes with an eye to increasing transparency and public involvement.

That resolution, passed in the CTB’s May meeting, arose in the wake of revelations that the state had paid nearly $300 million to US Mobility Partners, the private-sector, design-build partner in the proposed 55-mile highway between Petersburg and Suffolk, even though the project had yet to receive all of its environmental permits and construction work had yet to begin. Secretary of Transportation Aubrey Layne suspended work on the project in March until a resolution could be reached with the U.S. Army Corps of Engineers over wetlands issues.

Layne also initiated a study of how such a screw-up could have occurred. That study was completed last month. The Times-Dispatch obtained the report and reported some findings last week. I now have a copy of the document in my hot little hands. There is a wealth of detail in the report that did not appear in the T-D coverage, and I will endeavor to elucidate the findings as I find time.

One objective of the report, which was conducted by the Virginia Department of Transportation’s director of Assurance and Compliance and by the Office of the State Inspector General, was to “identify the individual(s) responsible for excluding members of the Commonwealth Transportation Board from full and free access to information relating to the 460 project.”

That was a reference to the fact that when the CTB was briefed about the major business terms of the U.S. 460 project on October 17, 2012, no one bothered to inform the policy-making board about the ongoing controversy with the Army Corps of Engineers over the wetlands permitting. As the report confirms: “The presentation did not include any information regarding any environmental permitting issues or concerns.” Based on that briefing, the CTB authorized funding for the project.

The review found that the McDonnell administration provided all “statutorily required disclosures.” However, it also determined that CTB members “were not provided effective communication and/or notice of key events impacting the 460 project.”

I am still working my way through the document, but I have found no indication who made the decision to omit mention of the wetlands controversy to the CTB. Just because VDOT officials were not statutorily obligated to mention the controversy, it surely was relevant and germane to any discussion whether or not to fund the project at that point in time. Any reasonable person would surmise that someone in the McDonnell administration had made the political decision to avoid unwanted questions that might delay the project.

Regardless, it is encouraging to see the CTB assert itself in this manner. The board was exceptionally deferential to McDonnell’s transportation secretary, Sean Connaughton. The one CTB member who openly questioned the administration’s decisions, Jim Rich, was asked to resign from the board.

If the public is to trust state government to engage in public-private partnerships without rigging the results to the detriment of taxpayers, the process of negotiating contracts and approving funding needs to be far more transparent than it is now. I am confident that Doug Koelemay, director of the office of public-private partnerships, will take the request to heart. Not only is he a former CTB member himself, he reports directly to Layne — and Layne appears determined to set a more open, less intimidating tone.

The Odds of Redistricting Reform: Slim to None

gerrymanderThe general public in Virginia is overwhelmingly opposed to the current arrangement for redrawing legislative districts every year, in which lawmakers select their own constituencies and perpetuate their hold on power. The occasional outbreaks of reform-mindedness haven’t gotten far, however. It is exceedingly rare for any political party, either Democratic or Republican, to voluntarily cede control over a process that could easily result in a loss of power.

In a newly published essay in The Virginia News Letter, Benjamin M. Harris and Stephen J. Farnsworth explore successful efforts to achieve bipartisan redistricting reform in Iowa, Arizona and California. The authors are not optimistic about the prospects.

The road ahead for the reform movement in Virginia is more challenging than it was in California and Arizona, which used voter referendum measures to enact and refine their systems. Citizen referenda by petition are not authorized by the Virginia Constitution. Instead, the state would need the General Assembly’s approval to enact reform. … Any long-lasting changes to Virginia’s redistricting system must be passed through constitutional amendment. Short of a constitutional amendment, the only option would be for lawmakers to choose to consult with outside line-drawing experts in a nonbinding way. This of course is not something they have shown much interest in doing in the past. …

While the lawmakers in Iowa did take away the redistricting power from themselves, more or less (they do retain the final say over the lines drawn by nonpartisan staff), the current political environment in Virginia also does not seem hospitable to this outcome. For decades, Virginia politicians have unabashedly and openly engaged in gerrymandering. … To make matters worse for the prospects for reform, Richmond in recent years has rapidly descended into the swamp of deep polarization that afflicts the nations’ capital. …

The obstacles are greater in Virginia, as lawmakers who control the contours of their own districts’ borders will not give up that authority lightly.

– JAB

Two UMW Daughters of the ’60s

Birmingham By Peter Galuszka

Just a few days ago, Elena Siddall, a Mathews County Republican activist and Tea Party Patriot, posted her account on the Rebellion of being a social worker in New York in the 1960s and the wrong-headedness of Saul Alinsky, a leftist organizer who had had a lot of influence back in the day, among others. I won’t comment on Ms. Siddall’s lively account and conservative point of view. But I do notice one thing: she is a 1963 graduate of what is now the University of Mary Washington, which then was considered the female side of the University of Virginia (campuses being segregated by sex back then).

I have a tie as well to Mary Wash, which is now coed. My daughter graduated from there last year and my cousin-in-law, now living in Tennessee, went there was well before moving on the U.Va. nursing. Our family experience at Mary Wash has been a big positive and I support the school. So, it is with considerable interest that I noticed that the Spring 2014 issue of the University of Mary Washington Magazine had a cover story of a different kind of graduate than Ms. Siddall with some very different views.

So, in the interest of providing some equal time among women who came of age during those years of intense ethical and political awareness, I thought I’d toss in the magazine story to further the debate and show that not every Eagle from Mary Wash thinks like Ms. Siddall (no disrespect intended).

The story has to do with Nan Grogan Orrock, class of ’65, the daughter of an Abingdon forest ranger, who got the civil rights fever when it wasn’t always easy for a young, white woman in Virginia to be an activist. But activist she was, from exhorting her classmates to join protests, to spending summers and other time in the Deep South demonstrating with African-Americans in SNCC, to staring down the real possibility of being beaten or killed and to even today, when she’s been active in the Georgia legislature shaking things up, such as trying to get the Confederate flag off public buildings.

The article, written by Mary Carter Bishop, class of ’67, is intriguing. The writer is a career journalist who was part of a team that won a Pulitzer in 1980 for the Philadelphia Inquirer when that paper was one of the liveliest and best in the nation.

As Bishop writes:Nan Grogan Orrock ’65 is among the South’s most veteran and well-respected advocates of social change. She is one of the longest-serving and most progressive members of the Georgia legislature and has left her mark on every sector of social justice: civil rights, women’s rights, worker rights, gay rights, environmental rights.

“She’s chased after cross-burning Ku Klux Klansmen, cut sugar cane in Cuba, started an alternative newspaper, organized unions, led strikes, been arrested a bunch of times, and still stands on picket lines. At 70, she’s far from done. I had to finally get to know her. The week before Christmas, I flew to Atlanta and sat down with her at the State Capitol.”

Please read both accounts – Ms. Siddall’s and Ms. Bishop’s article – and see ideas through opposite prisms of the 1960s involving two obviously very bright women.

McAuliffe: Time for Some Real Ethics Reform

mcauliffePeter Galuszka

One can hardly blame Gov. Terry McAuliffe for ditching the General Assembly’s absurdly weak ethics panel along with deep-sixing the line items in the budget that restrict him from expanding Medicaid.

Obviously, the nice-guy, bipartisan approach he had advocated simply isn’t possible with the likes of Tommy Norment and Bill Howell in the legislature. So, it’s hard ball time.

After a year-long trauma of the tawdry gift accepting of former Gov. and Mrs. Robert F. McDonnell and their upcoming corruption trial, it is high time the state got serious about ethics reform. But true to form and the traditional senses of entitlement and privilege, the General Assembly has created a ridiculously weak entity called the Virginia Conflicts of Interest and Ethics Advisory Council.

This wrist-slapper would collect and review financial filings of donations to legislators and help “educate” those poor dears about those mistakes they might surely make even though they obviously didn’t intend to.

As for real teeth, it has gums. It doesn’t cover “intangibles” like trips to the Masters, deep-sea fishing, African boar-hunting, feasts at high-end steak houses and so on. Dominion, Altria and anyone else can shower on such goodies. Jonnie R. Williams could still fly Bob and Maureen anywhere in his private jet. Subpoena power? Forget it!

Well, McAuliffe has defunded this effort and wants real ethics legislation by next assembly.

Meanwhile, Virginia’s cozy politicians are “shocked, shocked, mind you” that the feds are taking a harder look at them. Many can’t get over the fact that McDonnell was actually indicted. They can’t believe he really faces trial in six weeks. Five former Attorneys General harrumphed their way to federal court saying that this is certainly not corruption. A federal judge effectively showed them the door.

Now we have a new federal case. Veteran State Sen. Philip Puckett, a key Democrat, decided to take a powder just before the General Assembly vote on the $96 billion, two-year budget and the Medicaid expansion matter. His bizarre departure just before the vote tilted matters the way of conservative, anti-expansion Republicans.

It was said at the time that Puckett might be considered for a six-figure job at the Virginia Tobacco Indemnification and Community Revitalization Commission, which would be a step up from the $18,000 he makes as a senator. In the mix, his daughter could get appointed as a state judge.

The outcry was so strong that Puckett withdrew from the tobacco commission job possibility. But there’s a federal probe in Abingdon and Puckett has hired Thomas J. Bondurant Jr., a former federal prosecutor. Likewise lawyering up is tobacco commission head Terry G. Kilgore, who will be represented by Thomas Cullen, another former federal prosecutor. This sounds just like GiftGate.

Now the tobacco commission has always been a fun place since it doles out hundreds of millions from the state’s settlement with Big Tobacco back in the 1990s. Many of the 46 states who got the money used it to prevent smoking but Virginia also created a gigantic slush fund supposedly to advance products in the Southside and Southwest tobacco belts that grow bright leaf and burley.

Their first act was to hand out checks worth thousands to anyone who held a tobacco quota in a now-defunct tobacco program. You could use this to invest in your community, buy new golf clubs or vacation in the Maldives. Your choice. (We Virginians like free choice, it’s the Jefferson thing).

A few problems set in. Turns out that former director of the commission, John W. Forbes II, was dipping in the well to the tune of $4 million and also set up a suspect “literacy fund” worth $5 million. He is serving a 10-year prison sentence after his trial in 2010.

Since then, there’s been more suspect stuff going on. Last fall, for instance, the commission gave a $240,000 grant to Virginia Intermont College, a tiny and troubled liberal arts school in Bristol. The college has received lots of money form the commission over the years.

Well, the grant was supposed to help Intermont turn the corner financially as it tried to merge with another institution. The latest is that the merger failed and Intermont is kaput and the city wants it to pay its bills. And where did that $240,000 go?

Not to worry, folks. We’re dealing with Virginia gentlemen here and we are all honorable. Or maybe not. As State Sen. Creigh Deeds says: “We ought to be troubled. We ought to all tremble. I’ve read some pretty nasty speculation. We ought to fear people talking like that. … When you’re elected to office, your public actions ought to be beyond reproach.”

Tea Party Populism vs. Eric Cantor

teddy roosevelt By Peter Galuszka

Political analysts and the media are still trying to tease out the meaning of soon-to-be-former House Majority leader Eric Cantor’s primary loss last week to an obscure college professor.

Two major themes seem to be emerging. One is what the Tea Party’s role was and what the Tea Party really is. The second is how the Big Media missed the story of winner David Brat’s surprising strength, although a number of local publications did get it, including the Chesterfield Observer, a suburban weekly that I write for (although not about politics) and won a special accolade in this morning’s New York Times.

The Times also had a piece Sunday on its front page noting just how closely tied Cantor is to Corporate America. Aerospace giant Boeing saw its stock plummet just after Cantor was clobbered. Over the years, Cantor has gladly done the bidding of big companies, notably in managed care and finance. His donors provide a ready chart.

He’s backed the continuation of the Export-Import Bank that helps guarantee loans for foreign sales (to Boeing no less) and helped kill a bill that would have increased the capital gains tax made by alpha-seeking and ultra-rich hedge fund managers. Cantor does know about big business because he is a lawyer and has a degree in real estate. His wife, Diana, has worked for such Wall Street behemoths as Goldman Sachs. And, of course, Cantor was hatched and grew up in Richmond’s cliquish business community.

The interesting trend here is how Brat, touching a surprisingly sensitive populist nerve, targeted Cantor’s cozy links to Big Business along with the usual complaint menu about illegal immigrants and government spending. Brat hit Cantor for various corporate bailouts, including TARP, backing Medicare Plan D and two unfunded wars.

Such criticism resonated with his supporters, who are conservatives. But unlike the country club Republicans of yesteryear, these voters might be throwbacks to the Gilded Age during the era of gigantic trusts. I am strolling through Doris Kearns Goodwin’s “The Bully Pulpit” which looks at Theodore Roosevelt and William Taft at the turn of the 19th century and it is fascinating reading.

Being a Republican then meant being an upstart and independent-minded troublemaker, not a defender of the status quo and big business interests. The public seemed remarkable well informed and the media was filled with brilliant journalists like Ida Tarbell, Lincoln Steffens and S.S. McClure who took apart trust-builders such as John D. Rockefeller.

There was a real sense that too much economic power was being concentrated in two few hands and if you look at what’s happening today with the mergers of airlines, cable companies and banks, you get an uneasy sense of déjà vu. The result back then was long-standing legislation like the Sherman Anti-Trust Act and bodies like the Federal Trade Commission. The concerns were inequality, lopsided economic clout and the tendency for big companies to abuse their power.

It is in this sphere where the Tea Party types, whomever they are really, might be on to something. I’m all for leniency and compassion on immigration issues but I have to say that some of the anti-Cantor comments might have harkened back to the days of McClure’s Magazine and Tarbell’s extraordinarily detailed dissection of Standard Oil.

Sadly, the journalist profession has been gutted by cost-cutting, which is one reason why the Beltway types missed the Cantor story and scrappy little papers like the Chesterfield Observer got it. If there is growth in the news media, the hot trend is setting up “data-driven” Websites but as the Times notes, these proved inadequate as well in last week’s election because they relied on imperfect data. In other words, garbage in, garbage out, no matter how lively the prose is. What really matters is shoe leather journalism and not numbers crunching.

On-the-ground reporting can capture important clues such as how Cantor misused his Majority Leader bodyguards and Black Suburban SUVs to keep his constituents at bay on the rare occasions he actually sought them out. Otherwise, he seemed to be sequestered at expensive steakhouses. Voters pummeled by the Great Recession got the message.

Add up all of these trends and you might start understanding why Cantor’s defeat was so important. It posits who exactly the Tea Party is and what they actually stand for. It could be the start of a movement as historically significant as the one 125 years ago.

Brat and Cantor: Two Unsavory Choices

BratCantorWebBy Peter Galuszka

The hottest political race coming up is the Republican primary this Tuesday involving the 7th Congressional District now represented by Eric Cantor, a powerful conservative who is House Majority Leader and could possibly one day be Speaker of the House.

His opponent, college professor David Brat, has gotten much national attention because Brat is trying to out-Tea Party Cantor who tried to shed his Main Street background and led the insurgent Tea Party parade during their days of glory back in 2010.

But if you want to see just how intellectually barren both men are, read what they wrote in opposing columns in the Richmond newspaper this morning. They show just how out of touch they are and how they are dominated by a tiny group of hard-right fanatics who have split the state GOP.

Brat is an economics professor at Randolph-Macon College in the quaint railroad town of Ashland that might be a set for a Jimmy Stewart movie.

He spends a lot of time debunking Cantor’s ridiculous claim that he is a “liberal” college professor but the very fact that he is doing this is a throwback to the Old Virginny days of yore. First, off, what is wrong with being a “liberal professor?” Are we supposed to have academics that pass a litmus test? Maybe Brat would have House UnAmerican Activities Committees on colleges to make sure that “liberal” professors don’t poison young minds.

Secondly, the use of the term is an exercise in euphemism that smacks of the Massive Resistance days when a candidate was accused of being a “social engineer” if he or she backed integration and civil rights.

And while Brat makes some fair points about Cantor masquerading as a budget hawk, his ideas on finally dealing with undocumented foreign-born residents are downright scary and are obviously intended as a populist ploy to the lower elements of voters.

Indeed, Brat’s column raises serious questions about just how well he understands economic reality, especially when it comes to immigration. Forces are aligning for some kind of long-overdue resolution of immigration. He claims Cantor backs amnesty for undocumented workers. (If so, what’s wrong with that?)

Brat paints a weird picture in which “illegals,” working in collusion with giant corporations, are stealing jobs from “real” Virginians. I won’t go into the borderline racist and nativist aspects of his statements. They smack of the older days of the No Nothings and the Ku Klux Klan that wanted to keep non-Protestants, such as Catholic Irish, Poles, Germans and Italians, or Chinese or Japanese, out of the country.

Strangely and even more troubling, Brat simply doesn’t understand the American labor market. One of the reason so many immigrants are in some sectors of the economy, such as construction and poultry processing, are because the jobs are dirty, messy and there aren’t enough native-American workers willing or able to do them. That is why turkey processing plants in the Shenandoah Valley have so many hard-working Hispanic immigrants. Ditto construction jobs.

At the other end of the spectrum, Professor Brat ignores the dilemma at the high-end of the economy. American universities are not producing enough software and other engineers so we have to import them through visa programs. Some companies are so hungry for foreign intellectual talent that immigrants end up working just across the border in Canada where it is easier to get visas although their efforts support American firms.

This may come as news to Brat in his little college town, but the world is becoming more global and, like it or not, there will be more foreign-born people working here and elsewhere. His complaint that illegals are getting soldier jobs that Americans might want is strange. The military needs to wind down after 13 years of war. One wonders if Brat even has a passport and has traveled overseas.

Cantor’s column is the usual Eddie Haskell boilerplate. He spends a lot of time tearing down the Affordable Care Act. Republicans have launched at least six unsuccessful assaults on it and still refuse to accept the Supreme Court’s decision of a couple of years ago.

Generously funded by the managed care industry, Cantor raises no alternatives to the current health care system that is plagued with overbilling, a lack of transparency and has cruelly prevented millions from getting coverage because of “pre-existing conditions.” Granted the roll out of exchanges was a mess last year, but health care sign ups have exceeded expectations in Virginia. The expected number was 134,800 in enrollment plans under the ACA. At the beginning of May it was 216,300.

Neither candidate talks about crucial issues such as income inequality, climate change or America’s changing role in world diplomacy. Neither talks about about poverty or smart growth or student debt.

Cantor is likely to win Tuesday but neither man seems worthy of leadership. They are just more evidence about how the right-wing fringe has been allowed to highjack the agenda. As this continues to happen, Virginia will be stuck in its ugly past.

Why Executive Fiats Are Needed

idiot gets shotBy Peter Galuszka

Two initiatives — one on the state and the other on the federal level– show just how untenable the politics of confrontation has become. It is forcing the executive side to take charge at the expense of the legislative.

Democrats Gov. Terry McAuliffe and Atty. Gen. Mark Herring are exploring ways to have the governor take emergency authority to continue operating the state of no budget is passed by June 30. Herring has brought in a constitutional ringer from the University of Virginia to help out.

Meanwhile, on Monday, President Barack Obama will unveil new rules to stem carbon dioxide pollution at electricity power plants. This will most likely involve some kind of cap and trade system that actually has worked for a couple decades for preventing emissions that contribute to acid rain.

Obama is late in promulgating the rules because King Coal and its well-paid lobbyists and members of Congress want to blunt the impact on coal-fired electricity plants that provide about 40 percent of the electricity in this country. They and the annoyingly boring global change naysayers have rendered Congress useless in addressing one of the most pressing issues of our time. Result? Gridlock.

So, Obama is taking executive power through existing law, namely air pollution laws that date back to Republican Richard M. Nixon.

It’s a shame that there can’t be intelligent discussion about either issue. In Virginia’s case, the stubborn resistance by conservative Republicans in the House of Delegates to expanding Medicaid has deadlocked action on passing a $96 billion two year budget.

Turns out that the fiscal situation is even more dire because of a $350 million shortfall this year in revenue which is the result of many wealthy Virginians taking advantage of capital gains tax law changes that made it better to ditch stocks last year as they did. The shortfall will only snowball if nothing is done. Localities and state employees will be severely impacted.

Hence McAuliffe is seeking out a Constitutionally-acceptable way to keep the government going regardless of what hard-liners like House Speaker Bill Howell do.

So, there you have it: rule but executive fiat. To be sure, in Virginia’s case, there are possible ways to get out of the mess, namely Republican Sen. Emmet Hanger’s compromise plan on Medicaid. But when it comes to global warming, forget it. The power of the Koch Brothers and the fossil fuel industry is simply too great. No matter what practically every climate scientist in the world says, we are having to answer to the deniers.

Hang on. June will be a lively month.

Sen. Emmett Hanger’s Good Idea

emmett-hangerBy Peter Galuszka

Could some seemingly small technical changes in legislative tactics and voting powers on an obscure commission clear the way for passing a state budget and expanding Medicaid in some form?

Sen. Emmett Hanger, a Republican senator from Augusta, thinks so. If he’s right, there could be a way out for both Republican House Speaker Bill Howell and Democratic Gov. Terry McAuliffe who are taking the stubborn impasse right up to the wire of June 30.

Hanger is proposing technically separating Medicaid expansion to 400,000 lower income Virginians from the budget debate, but with a twist.

There would be legislation linked to the budget requiring changes in the voting of a legislative commission known as the Medicaid Innovation and Reform Commission (MIRC) which was formed in 2013 and must agree that enough positive change in the Medicaid program is taking place to allow expansion. It would most likely occur through private insurance exchanges of some type.

“By October of this year we might be able to begin some limited enrollments,” Hanger told me in an interview.

I called him because, frankly, I didn’t understand media accounts of what he was proposing although the reports indicated that there could be some kind of breakthrough involved. My undergraduate degree is in international relations and I used to study diplomacy. I realize that such types of granular give and take can bring tremendous progress. I am intrigued.

Of course, I could be dead wrong and Virginia will not pass a $96 billion, two-year budget, the state will lose its good bond rating, government will shut down at least in part, teachers won’t get paid and those caught in health care limbo between Medicaid and Obamacare will remain there.

Talking with Hanger gave me some perspective that I didn’t have and haven’t read in the Mainstream media.

First, he said that the General Assembly has already approved Medicaid expansion. It did so last year with former Gov. Bob McDonnell in office. But it also created the 10 member legislative Medicaid Innovation and Reform Commission to identify problems and offer improvement suggestions for the state’s Medicaid program. No expansion can occur unless the commission approves. Hanger is chairman of MIRC.

By law, any expansion of Medicaid must be approved by a supermajority vote of the commission. That means that a majority of the five Senate members of the commission would have to say yes. Ditto a majority of the five House members.

Hanger’s proposal would make it a straight majority vote of six out of 10 members from both Senate and House sides. Plus, they won’t vote to approve expansion, only to disapprove it. In the meantime, MIRC would set clear metrics to benchmark what reforms are truly wanted.

Medicaid expansion would involve some kind of private health exchange (now dubbed “Marketplace Virginia”), and there would be added safeguards that there would be adequate copays by participants and ways to make sure that emergency rooms aren’t suddenly flooded with newly insured patients. He also wants a workable data system to keep track of patients and payments and other safeguards to prevent abuse. There are at least 17 categories of improvement areas.

The Senate would concede and use the House’s budget bill. The House would drop “Marketplace Virginia” from its bill and would concede that addressing additional Medicaid reforms would be required.

“Technically, it delinks Medicaid expansion from the budget bills,” says Hanger. But he adds that many seem to have forgotten that the General Assembly actually approved of Medicaid expansion last year “if a series of reforms were taken.” He says his plan would insure that just that happens and he believes it could happen quickly while the budget impasse is resolved separately.

He says that Howell, who has stubbornly resisted any Medicaid expansion this legislative session, seems amenable. So does McAuliffe.

The danger, of course, is that decoupling Medicaid from the budget bills takes away leverage points from both sides. Democratic Senator Dick Saslaw fears some kind of trick as do some Republicans.

My view is that sure there’s that risk, but it’s getting really late to keep playing chicken. My view also is that McAuliffe has done a hell of a lot more to compromise than Howell has.

Also, in my view, a private exchange is not the best way to go to expand Medicaid but the reality is that Virginia has a highly conservative legislature. Other conservative states such as Indiana have managed health care expansion through private exchanges, so I guess half a loaf is better than no loaf.

It seems that Hanger’s proposed deal might just get that, and not too late, either. It’s worth a look since the financial and health alternatives are truly terrible to contemplate.

Richmond Mayor Jones Bunts

richmond-flying-squirrels-comic-nutzyBy Peter Galuszka

In a blow to Richmond’s business elite, Richmond Mayor Dwight C. Jones has withdrawn, at least for now, his $80 million project to build a new minor league baseball stadium as part of a mixed-use, publicly-funded development in the city’s historic Shockoe Bottom.

The stadium had been up for a council vote Tuesday night but  ran into trouble when three swing vote councilmen indicated they’d vote it down. Jones says it may come back.

The new stadium which would be home to the Minor League AA Richmond Flying Squirrels was to anchor a new slave museum and mixed use development near the city’s Main Street station downtown. The current location is the crumbling Diamond on North Boulevard.

This is the third time a plan to move the stadium to congested Shockoe Bottom has run into trouble in 10 years. Failure to replace the Diamond was one reason why the AAA Richmond Braves bolted to the Atlanta suburbs a few years back. There are a number of reasons why the plan is dead, at least for now:

  • Secrecy. The third attempt sprang from Venture Richmond, a marketing group controlled by the city’s business elite. From the git go and true to form in corporate Richmond, everything was done behind closed doors. Even when Jones announced the plan formally in November, it was dotted with questions such as what to do about a slave museum since neighboring ground is hallowed with the blood and tears of slaves. Deadlines were missed and missed again to explain what the plan was all about.
  • Bad PR: The arrogance of the city’s controlling interests and the low esteem with which they hold ordinary citizens is breathtaking. The editorial section of the local paper ran story after story propagandizing for the Shockoe stadium. They even ran one incredibly tasteless and bizarre cartoon on a Sunday editorial page. A young-African-American woman, neatly coiffed and carrying design shipping bags, walks arm-in-arm with her studly, white husband wearing a Squirrels cap while playing catch with their mixed-race youngster. One assumes they are walking to the new ballpark past the slave museum. Get it? “Look how far we have gone from torturing slaves to our happy interracial family today.”
  • No other ideas allowed. A Chesterfield development firm came up with a counter proposal to build a new stadium near the Diamond site and add some badly-needed retail. The Mayor and his kin reacted vigorously to shut down the plan. Emails came up among the ruling elite that the plan was not to keep suburbanites in their comfort zones. A big advantage with the so-called RebKee idea is that no public money would be involved to keep the ballpark at its convenient and popular location.
  • Public money? Part of the Shockoe plan would have involved millions in public funds. Some $79.6 million would be funded through bonds let by the Richmond Economic Development Authority. Councilman Jonathan Baliles worried that the city had voted an amendment to be let off the hook for the bonds. They didn’t want to have the “moral obligation.” If not the city, then who gets the tab if it goes bad?
  • The fans don’t matter. Gee in all of this mess and intrigue, no one seems to be asking the Squirrels fans what they think. A few takeaways are that most of  them come from the suburbs and polls show that most like the current site just fine since it is where Interstates 95 and 64 connect. Many are moms and dads with 10-year-olds. Apparently in the thinking of the city’s ruling elite who push the idea of Richmond being “the capital of creativity,” these average suburbanites don’t count. They don’t fit the image of the hip, cool, tat-sleeved yuppie dabbling in the arts or software that they so badly want to use as marketing for the New Richmond they envision. Fact is, many fans with a van-load of kids probably aren’t interested in downing craft beer or designer cocktails right after the game. They probably want to get their tuckered-out tykes back to their boring, car-centric suburban homes. Apparently, they don’t count. I attended a Squirrels game a few weeks ago for Chesterfield Monthly and out of 12 families I spoke with only one wanted to leave the current Boulevard site.

My takeaway? The Squirrels are showing a lot more patience and class than the Braves. Either start something serious at the Boulevard site or come up with a few honest, open and clear proposals. It should not be up to just Richmond, however, even though they own the stadium, since their fan base is out of the city. And if Richmond fails, screw the city and built it at Short Pump or at some other suburban location. Try to stick with private money.