By Chris L. Jenkins
Washington Post Staff Writer
Saturday, January 28, 2006
RICHMOND, Jan. 27 -- Republican leaders in the Virginia House of Delegates on Friday joined Gov. Timothy M. Kaine (D) and other lawmakers who have proposed giving local governments more flexibility in controlling development.
The measures backed by the Republicans are not as aggressive as those offered by Kaine and some other lawmakers. But the GOP effort suggests that support for some expansion of local powers is now widespread in state government.
Any such change would be significant in a state that has long been hesitant to expand local governments' authority over development.
The Republicans' bills would allow more local governments to receive payments from developers to ease the impact of building. Localities would be required to review the potential cost of new roads in their long-range planning. Lawmakers said that would lay the foundation for increasing the amount of money local governments could expect from developers.
GOP leaders echoed some of the arguments on the need for better planning that helped Kaine win votes in Northern Virginia's outer suburbs in last year's election.
"Too many people have assumed that the only answer to crowded highways . . . is the construction of new roads with no real way to include local governments in the decisions," said House Speaker William J. Howell, who represents parts of fast-growing Stafford County.
Though Howell and other Republicans pointed out that they had supported such efforts in the past, some delegates said that they heard from voters last year that the issue now was critical.
"Elections are always signs of things," said Del. Jeffrey M. Frederick, a Republican who won reelection last fall in Prince William, another fast-growing county.
He is sponsoring legislation that would require local officials to submit their growth and traffic impact projections to the Virginia Department of Transportation for review.
"When I first ran in 2003, growth was an issue, but it wasn't the issue. In 2005 . . . it wasn't just an issue anymore, it was the issue," he said. "The things that I saw and the things that other members saw when they were running for reelection have now crystallized to the fact that we have got to do something about this issue."
Kaine has proposed giving local governments more power to slow growth, require traffic studies and coordinate their long-term plans with state transportation planners.
Democrats said they also were aware of suburban voters' support for new controls and greater flexibility in reviewing development plans.
"There is a very high expectation from citizens that we would do something this year, and I'm glad we're moving in that direction," said David L. Bulova (D-Fairfax), a freshman delegate who campaigned for new local powers over development. "There's been a lot of resistance in giving local governments the authority, but in walking door to door last summer I got a lot of feedback from constituents who got it."
In the Senate, where controlled-growth legislation has not fared well, some members say they also see a change.
"There's a lot of pressure this year to do something," said Sen. Janet D. Howell (D-Fairfax). "Developers, local officials and legislators are all feeling it."
Mark J. Rozell, a professor of public policy at George Mason University, said the issue of controlling growth is now embedded in state politics.
"Anybody who's interested in staying in political office has to be onboard on this issue . . . or at least be on the record as being onboard with this issue," he said.
Despite the new support for growth controls, the outcome of the General Assembly debate is far from certain.
"My thoughts are that localities already have the controls they can use," said Del. Riley E. Ingram (R-Hopewell), chairman of the House committee that has defeated attempts to give localities more control.
The bills before the legislature range in scope. A measure offered by Del. Robert G. Marshall (R-Prince William) on behalf of Kaine would explicitly grant local governments the power to reject requests for higher-density projects that would overwhelm their roads.
For years, cities and counties in Virginia have said they are uncertain whether they have the authority to block developers' requests for higher-density projects based on concerns about traffic congestion.
"We've reached the tipping point," Marshall said.
Other proposals would require new transportation impact statements or allow counties and cities to transfer development rights to places better able to accommodate growth.
Republicans also said they want to require localities to include cost estimates of road improvements.
Many of the proposals have angered developers and some lawmakers who say that the housing industry is bearing the brunt of the change in legislative sentiment.
Mike Toalson, the chief lobbyist for the homebuilders, said he believes the development industry has been "getting swept up in this whole notion" of doing something to ease traffic congestion. He said his industry supports some of the planning changes but will oppose the Republican bills that give more counties and cities the right to charge large payments on each home built.
And he opposed a GOP bill that allows governments to use more of that cash for transportation. "We are concerned that some of these measures might result in higher housing costs," he said.
Staff writer Michael D. Shear contributed to this report.
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