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Legislative Newsletter
April 23, 2010

 

 

Richmond Briefing


 

Veto Session
On Wednesday, lawmakers returned to Richmond to consider amendments proposed by Governor McDonnell to the state's two-year spending plan and legislation passed during the 60-day session earlier this year. While the General Assembly approved more than 90% of the Governor's 200+ amendments, a few contentious issues, like restrictions on state funding for abortion services and proposed cuts to public broadcasting, led to prolonged bouts of spirited debate. 

On a positive note, the Governor was able to secure an additional $6 million for the Governor's Opportunity Fund in year two of the budget. In addition, lawmakers approved an amendment that would restore 2/3 of the Section 199 Domestic Production Deduction (DPD), an important tax deduction that makes domestic companies more competitive. Originally, this major tax policy change was imbedded in the biennial budget. Had the Governor not amended this budgetary maneuver, Virginia's reputation for sound fiscal management and transparency would have been damaged.  

Finally, the Governor tweaked legislative language that would have permanently eliminated the 'dealer discounts,' a tax policy implemented in the 1960s that provides a small reimbursement to retailers for the costs they incur while acting as tax collection agents for the state. The House and Senate agreed to suspend rather than eliminate the dealer discounts. 

Special Elections - House of Delegates
Governor McDonnell recently announced that special elections to fill two vacant seats in the House of Delegates will occur on Tuesday, June 15th.  Former Delegate Sam Nixon recently left his 27th House district seat to head the beleaguered Virginia Information Technologies Agency.  So far, Chesterfield Optometrist Roxan Robinson is the only officially declared candidate, though many are expected to run in this solidly Republican district. In the 26th House district, which includes the City of Harrisonburg and northern parts of Rockingham County, voters will pick choose a replacement for Delegate Matt Lohr who was recently appointed as Commissioner of the Virginia Department of Agriculture and Consumer Services. The filing deadline for both seats is Friday, May 14th.
See more here

Audits Galore for VDOT 
On Monday, Governor McDonnell announced a series of independent audits of the Virginia Department of Transportation launched to identify ways to improve agency performance and transparency.
According to the Governor's news release, the transportation reviews underway include:

  • HB42 and SB201, which commission the Joint Legislative Audit and Review Commission to conduct a review of the commonwealth's planning and programming activities.
  • An independent performance audit of operations and maintenance practices at VDOT to be conducted by Cherry, Bekaert and Holland, LLP.
  • A review of research programs administered by the Virginia Transportation Research Council to be conducted by the Turner Fairbanks Highway Research Center at the Federal Highway Administration.
  • A program assessment of the Virginia Public-Private Transportation Act program to develop standardized goals, processes, priorities and program delivery tools for these public-private projects. This review will be conducted by KPMG Corporate Finance, LLC.  

The underlying goal of these audits may be to lay the groundwork for a special session on transportation, an issue that has been mired in partisan gridlock for the several years.  VA West and several other business organizations throughout the Commonwealth eagerly await any substantive steps that will lead to improving Virginia's aging transportation network.  

On a related note, VDOT will complete a final round of layoffs under their restructuring program this week. With approximately 360 employees leaving the agency on Saturday, VDOT will have completed its mandated goal of reducing its staff by 1,000 full-time and 450 part-time employees.  

Debate over Stormwater Regs Continues
During the 2010 session,  a compromise was brokered that would delay the implementation of new statewide stormwater regulations (see HB1220 and SB395). Two Republican lawmakers are now challenging the accuracy of an Environmental Protection Agency (EPA) statistic upon which the new regulations will largely be based. Armed with the analysis from Wetland Studies and Solutions, Inc, a private firm located in Prince William County, Delegate Tim Hugo (R-Fairfax) and Senator Ryan McDougle (R-Hanover) claim that a widely cited EPA statistic about the growth of impervious surfaces in six Chesapeake Bay watershed states is inaccurate. In a letter to the Governor, Hugo and McDougle request that the Governor explore why the EPA continues to use faulty data and urge the Governor to insist that all state agencies and the EPA use sound science, the favorite mantra of doubting thomases everywhere, as the basis for new statewide storm water regulations. See more here.

Offshore Drilling and the Feds
A few weeks ago Governor McDonnell signed legislation (HB756) that would allow Virginia to become the first state on the East coast to collect future royalties from offshore oil and natural gas resources. A proposed sale of oil and natural leases in a tract 50 miles off of the Virginia coast could begin as early as 2012. However, a major hurdle must be overcome at the federal level before Virginia would reap any benefit from these offshore resources. Currently, there is no revenue sharing agreement between Virginia and the federal government. Four coastal states do share 37.5 % of revenues from drilling in the Gulf of Mexico. However, the Senate last year soundly defeated a revenue sharing proposal for other coastal states. According to a recent Politico article, three interior- state Democrats who also chair important Senate committees remain opposed to a new revenue sharing agreement. However, should a provision for revenue sharing be included a broader Senate climate bill that is currently gaining momentum, the prospects for a compromise on revenue sharing improve considerably. 

Stat of the Month: 7.4% See more here

 

 

VAWEST Business & Legislative Coalition
210 South Jefferson St.
Roanoke, Virginia 24011
Phone: (540) 983.0700
Fax: (540) 983.0723