Legislative Newsletter - September 27, 2005

“START” Task Force Holds First Meeting

The Senate’s Statewide Transportation Analysis and Recommendation Task Force (START) meet publicly for the first time last week. Chairman Charles Hawkins told the group its charge was to create legislation for the next General Assembly session, not to craft another report. He said innovative thinking and a dedicated funding stream are needed to address the state’s transportation challenges. Though the Senate, in general, frowns on using state general fund revenues for transportation needs, Hawkins suggested they could be used for one-time capital expenditures.

The group also heard from two former state transportation commissioners. Ray Pethtel, who led the state transportation department during the late 1980’s, described the Virginia’s current transportation woes as very similar to 1986, when lawmakers increased the state sales tax for roads. He noted the amount of revenue generated for each one-cent hike or a one percent hike in gasoline taxes. Phil Shucet, who left the department this summer, said the situation goes beyond crisis. He spoke to the panel about the needs faced by the Hampton Roads area.

Recall that the Senate Finance Committee, along with the Senate Transportation Committee formed START back in May to develop an action plan for addressing future state transportation needs. The group’s next meeting tentatively is slated for October 20.

State Education Costs Expected to Increase by Almost $1 Billion

Figures presented to the Board of Education last week by its staff revealed that the state share of costs for funding the state’s public schools are expected to increase by $978 million dollars over the next biennium. The budget, to be forwarded to Governor Warner for his consideration in shaping his December budget proposal, estimates the additional state funds required for the 2006-2008 biennium to continue the current Standards of Quality (SOQ) and other direct aid programs. The costs have been updated, or “rebenchmarked” to reflect more recent, actual, funded salary amounts, student enrollment, textbook and health care costs and inflation. The budget does not contain any policy changes or new initiatives, nor does it include any money for increasing teacher pay. Under the proposal, statewide enrollment over the two-year period is projected to increase by about 26,000 students over the FY06 estimate of 1.187 million.

The Board also will send to the governor revised costs estimates for the remaining policy changes to the SOQ that were adopted two summers ago. The state costs for these unfunded SOQ changes totals just over $192 million. The 2004 General Assembly funded a handful of the Board’s SOQ changes, but took no action on several others, including proposals to increase the number of elementary principals and K-12 assistant principals, to reduce speech language pathologist caseloads and to pay for one reading specialist/1,000 students.

The Board also received a report that estimates how much local school divisions are spending to implement the federal No Child Left Behind (NCLB) Act. For the most recently completed school year, it is estimated that divisions spent about $243 million on NCLB-related costs, while receiving about $181 million in federal and state funds for NCLB implementation. The federal law, approved in late 2001, seeks to have all students pass state assessments by 2013. Virginia also has been very active in requesting waivers to the law that would allow more flexibility in implementing it.

Homeland Security Grants Examined

The Joint Legislative Audit and Review Commission (JLARC) has received a staff report on homeland security and preparedness in the state. Staff was directed to examine the extent and sufficiency of homeland security funding, coordination and direction of federal grants going to state agencies and localities and whether security improvements have been appropriately implemented. The report showed grants from the federal homeland security program totaling nearly $24 million in FY05. This and other funding received in previous years, has mostly been spent at the local level on improving the capabilities of fire, police and emergency medical services and response (80% of the federal funding goes to localities and 20% stays with the state). Local purchases have included communications, search and rescue, and personal protective equipment, as well as incident response vehicles. Funds are allocated to localities based on population to ensure that each locality receives at least a base amount. JLARC staff is recommending that the formula for allocating such funds be based on risk, with consideration also given to population density, transient populations, economic impact, local capabilities and identified targets.

The report also notes that the federally required state security plan, initially drawn in 2003, calls for regional response capabilities, but that the state has done little to implement regional working groups. It cites existing regional cooperation in the form of local emergency manager meetings, mutual aid agreements and joint grant applications, but recommends the state Office of Commonwealth Preparedness revise the plan to re-emphasize such working groups and to take the lead in establishing them. This would be done in order to focus on training, equipment and strategy, and to work toward ensuring all localities have access to specialized response teams.

Legislative Panel Targets Moped Laws

Following this past General Assembly session, during which at least a dozen bills were submitted to address current laws dealing with mopeds, a special subcommittee of the House Transportation Committee is examining changes to current definitions in response to safety complaints from law enforcement and citizens. Specifically, the panel is considering a proposal to draw distinctions between what constitutes a motorcycle, a moped and a motor scooter, with definitions based on the source of power and the maximum speed. Speakers at a meeting of the group earlier this month in Charlottesville, cited the difficulties in trying to regulate the many new types of electric-powered devices that don’t fit into current state law definitions, and urged the state to address these devices in the revised definitions. The group likely will meet again in mid-November to continue its work.

Solid Waste Management Plan Regulations Open for Comment

The State Waste Management Board is opening for public comment its regulations that require localities to develop solid waste management plans and to include provisions to achieve the state-imposed recycling rate of 25%. Since the last changes to the regulations in 2001, differing views have emerged, in particular, about the calculation of the recycling rate. As a result, comment is being sought on expanding the waste total to include generation of industrial and construction, demolition and debris waste for determining the rate. Also being reviewed are the definitions and calculation process for material re-use, and how the recycling rate calculation should be applied to regions or to local subcategories. The public comment period runs through November 11.

Over the summer, the Department of Environmental Quality reviewed recycling information submitted by localities, which resulted in an altered recycling rate for many. Those localities not meeting the required 25% recycling rate will have their solid waste management plans approved only if they develop an acceptable recycling action plan.

The General Assembly has had recent interest in recycling as well. In 2004, the legislature revised the duties of the Recycling Markets Development Council to focus more on assisting local governments and regional authorities in meeting state recycling mandates and identifying markets for recycled or recovered materials they collect or generate.

Six-Year Plan Meetings Scheduled

The Commonwealth Transportation Board has scheduled meetings around the state for public review and comment on projects and programs to be included in the next six-year transportation program (FY07-FY12). Recall that in 2003, CTB moved traditional springtime hearings to the fall in order to get input from the public upfront in the development of the next plan. This year, the Lynchburg District hearing is slated for Tuesday, October 11, at the Lynchburg Ramada Inn, while the Culpeper District hearing is being held on Tuesday, October 18, at the Culpeper District office. Both meetings are slated to begin at 2:30 p.m. and will include a public officials’ briefing, open house and public discussion session.

General Assembly Contact Numbers for David Blount, TJPDC Legislative Liaison

804-644-3702 (phone)

804-783-8226 (fax)

979-7310 x350 (Charlottesville voicemail)

(Richmond email)