Did Legislature show wisdom or shirk duty on T-SPLOST?

 

Moderated by Rick Badie

This region needs significant inroads to curb congestion, and a proposed transportation sales tax that would address the issue has garnered critics and supporters. Today, a former state representative writes that the General Assembly shirked its duties by giving the green light to a referendum that turns the state into 12 Georgias. Meanwhile, a congestion relief advocate praises the Legislature’s approach and tackles what he calls the half-truths and misrepresentations that circulate about the tax.

Legislature shirks duty on tax

By Wyc Orr

Much has been written and said about the upcoming T-SPLOST vote in Georgia on Tuesday. Voters in each of 12 regions across Georgia will vote on an additional 1 percent sales tax to be collected and to fund transportation improvements in that region only.

Most commentary has focused on the tax itself and on the transportation projects to be constructed in each region if voters approve the tax.

But largely ignored has been a more fundamental issue, one more important to the state’s future than even the transportation tax issue: What precedent will be set by balkanizing Georgia into 12 separate regions?

The ghost of Georgia’s past “two Georgias” imbroglio of two decades ago, debating whether urban and rural Georgians live in two different worlds, has reappeared as an even greater specter of divisiveness — 12 Georgias.

This “government by referendum” may seem on its face to be commendable — decentralizing government, allowing “the people” themselves to decide at the local level whether they will be taxed. But on closer inspection, it is anything but desirable. It is the antithesis of a democratic republic, a legislative evasion of responsibility.

Georgia’s Constitution plainly gives the Legislature not only the power, but implicitly the duty, to “make all laws … which it shall deem necessary and proper for the welfare of the state.”

T-SPLOST is the General Assembly’s shirking of that duty, its abdication of the constitutional responsibility to decide such issues on a comprehensive statewide basis.

Georgia is not among the “referendum states,” the 24 or so states that provide for statewide referendums in various circumstances. But if approved by voters, T-SPLOST will be a step in that direction, more in keeping with the California-style initiative and referendum system that steered that state toward what The Economist magazine described as “the ungovernable state.”

Does Georgia want to take even a first step down that road?

In today’s Internet-driven age, steps all too often turn into stampedes. Irrationality, too easily, can become public policy.

And T-SPLOST threatens an even more divisive dynamic than other states’ initiative and referendum systems. A single statewide referendum is one thing, but regional plebiscites are quite another. Twelve separate regional referendums promote separatism rather than solidarity, more like a Swiss-style canton system of semi-independent sovereigns.

And T-SPLOST is bad policy for a more immediate reason. Few if any functions of state government more clearly require coordination than transportation.

What happens, for example, if one region widens and improves its highways, but a contiguous region does not? If an expanded highway stops at a county line and funnels traffic onto the same old two-lane bottleneck, will motorists use the improved highway? Will the tax money expended be largely wasted?

Avoiding such waste is no doubt why Georgia a long time ago created a state Department of Transportation to develop a “comprehensive, state-wide, 20-year transportation plan.” T-SPLOST’s regional approach seriously detracts from such statewide comprehensiveness and coordination.

Uniform voter rejection of  T-SPLOST will not delay transportation improvements in Georgia. Rather, it will send this planning duty back to where it belongs — the General Assembly — as its first item of business at the 2013 session, which begins in January, the same month the T-SPLOST tax would otherwise begin.

Voters will have sent a message to their legislators: “Do your job. Plan for Georgia — all of Georgia, as one state.”

Wyc Orr, a former state representative, is a Gainesville attorney.

Foes twist facts on T-SPLOST

By Jim Durrett

After years of attempts to work with the Atlanta region’s civic and business leadership to craft a solution to our transportation funding dilemma, the Legislature finally gave us an opportunity to do something to help ourselves address our problems: a 10-year regional T-SPLOST to fund specific projects.

Our region accepted the challenge and through its elected officials and transportation professionals, and with unprecedented public input, developed a consensus project list to start creating a transportation system that we need to prosper in the decades ahead. It was a remarkable and historic achievement: coming together as a region to address a regional problem.

We would put our own skin in the game by taxing ourselves, and the region, not the state, would decide what we would work on first. This was a fortunate turn of events because the federal government increasingly favors states and regions that step up to the plate with their own resources when prioritizing where it spends the money we send it.

I expected some people to take issue with some of the projects selected, and I expected some people to be opposed to paying a tax. But I have been astounded by the misinformation and outright falsehoods that have been spread by opponents of the upcoming regional transportation referendum. Baseless and malicious accusations, when so much is at stake, need to be exposed.

A brief sampling of what I have heard and read from opponents of the referendum:

There is a “rider” attached to the legislation that addresses abortion rights. (This is a bald-faced lie. Period.)

The Atlanta Regional Commission refuses to release the basis for its claims of congestion and economic benefits. (This is completely untrue. Go online and see.)

The T-SPLOST brazenly commits $600 million to bail out the existing MARTA system, contrary to the intention of the Legislature. (The Legislature prohibited T-SPLOST funds from being spent on the operations and maintenance of existing MARTA service, which could be called a bailout. None will be spent for that purpose.)

They say the tax will end, but no tax ever has. (It is written in the state law that this tax must end within 10 years. Then, we the people will have another decision to make, yet to be determined.)

I have no problem with differences of opinion. It is healthy, one of the spices of life. But when lies are created and spread to shape opinion, I have a big problem with that. And when factoids are cherry-picked from one context and inserted into another to “prove” a point, I have a problem with that, too.

For instance, anti-transit opponents repeatedly claim MARTA loses $500 million per year. If you read a MARTA annual report and don’t understand what depreciation expense is, or don’t understand that MARTA earns revenue in addition to fares, you can draw an incorrect conclusion and spread it, incorrectly, as fact. Here is a real fact: MARTA had an operating loss of $30.7 million in the last fiscal year, 6 percent of which has been claimed. And MARTA is working hard to find solutions to the funding/expense mismatch.

Local governments will be required to provide a 30 percent match for any local grants by the Department of Transportation if the referendum fails. If we approve the referendum, the local match will be 10 percent instead of 30 percent. In other words, vote the referendum down and less will be done than is even done today to address our transportation needs.

Now is the time to build something together instead of tearing one another down.

Jim Durrett is executive director of the Buckhead Community Improvement District and serves on MARTA’s board of directors.

43 comments Add your comment

Back to the Future

July 26th, 2012
3:44 pm

Veteran observer you make some valid points but saying the regional roundtable was weighted to the “downtown and inside the beltway bias” is incorrect. Fayette, Douglas, Rockdale, Cherokee, Henry and Clayton each had two seats at the table, the same number of votes as Cobb, DeKalb and Gwinnett (Fulton had 3). So the “OTP” counties had 16 votes and the “downtown and inside the beltway” counties had just 5 votes.

What this year long effort showed was an ability for all counties in the region; big, small, urban, rural, ITP, OTP, democrat and republican, could come together and decide on 157 projects that each county felt met their regional transportation needs. As someone who has lived here for almost 60 years, it was an amazing and proud effort to witness.

It hasn’t been reported widely but the TIA actually requires a “transit governance” effort to take place next year to address some of the interconnection issues you raised. The legislature knew if the referendum passed there will be at least 5 transit operators in the metro Atlanta region and transit governance is vital to the efficient operation of all our transit systems. Unfortunately transit governance hasn’t been discussed much because the Tea Party contends such an effort to coordinate transit operations (which frankly is in the best interest of the taxpayers) is just a “ruse” to get everyone in the region paying for the big boogyman MARTA and setting up a regional government outlined in United Nations Agenda 21. If you don’t believe me then see the Fayette County Issues Tea Party website. Those statements have absolutely no basis in fact whatsoever. But facts have never stopped their wild, unsubstantiated accusations. And these are the spokespeople for those who oppose the TSPLOST?!

We can’t wait another 5 or 6 years to address our woeful funding shortfall. If at least one of Georgia’s 12 regions pass their referendum, (at least 4 are expected to pass next Tuesday) and the metro Atlanta region doesn’t, don’t expect the legislature to do anything for us. They will simply say, “Everyone had their chance, others took advantage of it and metro Atlanta didn’t, so you live with it. We ain’t doin’ nothing else.” Or would metro Atlantan’s prefer Transportation Committee Chairmen from Ocilla and Chickamauga deciding which metro Atlanta transportation investments needed funding? We will decide those questions next Tuesday.

Vote “YES” on July 31.

middleground

July 26th, 2012
3:32 pm

No matter how many roads we build, developers will come in and cause more traffic and higher taxes.

middleground

July 26th, 2012
3:30 pm

Does it treat my neighbor as I would want to be treated.
It fines over 30% counties who vote no even though the people decide they can not afford it.

Its regressive and takes from the poor and gives to the rich.

Shawny

July 26th, 2012
2:41 pm

And that last IDIOT says it is a lie that “The T-SPLOST brazenly commits $600 million to bail out the existing MARTA system,”
really?
Look at the project list:
- MARTA Train Control Systems Upgrade $ 4,440,000
- MARTA Elevator and Escalator Rehabilitation Program $ 118,700,000
- MARTA Unified Transit Communication Infrastructure $ 27,200,000
- MARTA Tunnel and Platform Lighting Upgrade $ 28,000,000

And this is only a few of them.

Billy Wise

July 26th, 2012
2:40 pm

In FY2011, MARTA posted fare box revenue of $115.8M, against operating costs of $632.8M, for a net operating loss of $517M. And yes, depreciation is counted because it represents the cost of wearing out (or replacing) capital equipment like track and ties and rail cars. Depreciation is a real expense. Furthermore, the $319.8M in sales taxes collected from DeKalb and Fulton county taxpayers is not earned revenue but is a subsidy, as is the $85.8M in Federal dollars.

With regard to MARTA operations and maintenance support, the T-SPLOST project list contains six projects aimed at MARTA: (1) Tunnel and platform lighting upgrade, (2) tunnel ventilation rehabilitation, (3) electrical power rehabilitation, (4) track rehabilitation, (5) aerial structure rehabilitation, and (6) airport station improvements. None on these six projects will add one mile of rail, buy one new rail car or bus, or add one minute of additional transit service, thus they will have zero impact on reducing traffic congestion. These projects do not conform to the requirement in the TIA that funds be spent to reduce traffic congestion in the Atlanta Metro area. These projects are nothing more than a taxpayer bailout against the reported $2.2B in backlog of maintenance and repair for MARTA.

Veteran Observer

July 26th, 2012
2:39 pm

Agree with both writers here completely, though I doubt either would like my solution! No. 1 the Atlanta traffic situation is different than Albany’s and the solutions should be different. The state DOT should oversee both so they can coordinate where different areas come into conflict. No. 2 the Legislature did fail to do its job, because they were too chicken to do the right thing. MARTA has failed in its goals and purposes, which is why this discussion is even taking place! I have lived here 40 years and the desires of the political and business leaders downtown have funneled all our tax monies to their projects! MARTA should be phased out and a new Atlanta Regional Transportation Authority created by the legislature with representation on the board determined by population of the different political entities. Cobb and the other regional cities and counties should be forced to join and given fair and equitable votes on the board! Mr Durett talks about unprecedented input into determining the list of projects, but it was still voted on by a committee with a heavy downtown and inside the beltway bias. A few crumbs were thrown to the suburban counties to keep their highly unprofitable bus lines running for a few years, but no real solutions were offered for them! I have voted for every SPLOST since the beginning and I am voting against this one, because of the lack of representation for the suburban counties where most of the taxpayers live and the refusal of our elected officials to replace MARTA with a true regional planning and operating entity! I live on Peachtree, ride MARTA and own companies that employ 65 people in Marietta and Canton, so I have a lot of skin in the game! We have studied this long enough, we have the data to fix this problem, but it will take sacrifice, like waiting a few years for the “tourist trolley line” scheduled for downtown so that light rail can be extended into the neighborhoods and buses routed more efficiently! It is incumbent on our political leaders to take the defeat of this referendum to heart and accept the responsibility and work harder to come back with a better plan with fairness for all! I will be waiting to work hard to support it!

Shawny

July 26th, 2012
2:39 pm

“What happens, for example, if one region widens and improves its highways, but a contiguous region does not? If an expanded highway stops at a county line and funnels traffic onto the same old two-lane bottleneck, will motorists use the improved highway? Will the tax money expended be largely wasted?”

As will be the case with many of the TSPLOST Atl projects. There are millions in the “budget” to renovate the 285/400 interchange and 285/85 interchange. Both will do nothing to relieve traffic. Why? If 85 is a parking lot, no method of transitioning off of 285 onto 85 will work. You arent going anywhere. Same with 400. It isn’t the interchanges, knuckleheads, it is the throughput and off ramps that cause freeway congestion (aside from wrecks of course).

Don

July 26th, 2012
2:18 pm

Wyc Orr is exactly right the duty and responsibility for figuring out transportation projects and funding rests squarely on the state government. It is what we elect them to do. If they do a bad job, we vote them out.

He is exactly wrong on the reaction to a “no” vote. The legislature won’t get busy. In fact they will get less busy (if that’s even possible). They will read a “no” vote as a flat-out rejection of any tax scheme and a flat our rejection of any new transportation work. It’ll be a fine excuse to “work” on more “non problems”. Perhaps some legislation to change the numbering scheme of campsites in state parks or allow concealed carry of broadswords.

jjakmac

July 26th, 2012
2:11 pm

I voted against it. I have had enough of city of Atlanta projects, from building senior centers to building beltlines, being built with my tax dollars. Atlanta needs to find a way to fund its own projects for city residents without placing a tax burden on suburban taxpayers.

middleground

July 26th, 2012
1:30 pm

Hey Fellow GA: Gov. Perdue sold you out. Hot lanes and toll lanes are planned for all over.
Now sit down and shut up as the deal was signed.