Virginia’s attorney general reiterated his views Wednesday that legislation allowing Northern Virginia to raise much-needed revenue to relieve the region’s ghastly traffic problems is constitutional.
The Northern Virginia Transportation Authority is scheduled to vote tonight on the new revenue sources, which are expected to generate $325 million in their first year and will increase the cost of items ranging from rental cars to vehicle registrations to hotel rooms.
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If the authority approves the funding, the first projects will start next year.
“Virginia’s constitution does not spell out what the General Assembly can do,” Robert McDonnell said after addressing the Dulles Regional Chamber of Commerce in Herndon.
“In some limited cases it restricts the General Assembly’s legislative powers, but this is not one of those cases. Courts have upheld similar special tax districts. This is a little different, but we think it is similar enough.”
Legal questions about allowing the authority to implement the taxes and fees, instead of the governing bodies in each local jurisdiction, began circulating as soon as Gov. Tim Kaine proposed the provision in April.
The version of the bill legislatorsinitially approved in February required separate jurisdictional votes, but Kaine changed that to make it easier for the revenue measures to be implemented.
The Loudoun County Board of Supervisors added to the legal speculation when it voted earlier this month to challenge the package’s legality in court if the authority approves it tonight.
Authority members have said they do not have questions about the funding plan’s legality but plan to seek a legal opinion to erase any doubts.
The authority will initiate a legal proceeding Friday, known as a “bond validation suit,” that asks a Circuit Court judge to rule on the constitutional questions before the regional body begins selling bonds to finance projects.
“The governor’s legal counsel looked at this, the General Assembly’s lawyers looked at this and the attorney general has looked at this,” said Chris Zimmerman, the authority’s chairman and a member of the Arlington County Board. “They all have said this is constitutional. We’re ready to move forward.”
