By Michael D. Shear
Washington Post Staff Writer
Thursday, February 9, 2006
RICHMOND, Feb. 8 -- Virginia Gov. Timothy M. Kaine's push to reduce traffic congestion by enacting measures that could slow development suffered a serious setback in a House of Delegates panel Wednesday.
The centerpiece of Kaine's effort -- a bill to give local governments more authority to slow growth if nearby roads are inadequate -- was rejected, 9-2, in a subcommittee of the Counties, Cities and Towns Committee.
Transportation Secretary Pierce R. Homer said Kaine will continue to press for legislation to ease the state's traffic problems through improved planning by local and state agencies.
"Obviously, we are disappointed at the outcome for the rezoning authority," Homer said after the vote. "The issue about local land use authority is discussed and debated every year. That is going to continue throughout this session."
Another measure proposed by the Democratic governor fared better. The same committee gave its approval to a bill that would require the Virginia Department of Transportation to perform a traffic impact analysis on development proposals.
That bill, sponsored by Del. Jeffrey M. Frederick (R-Prince William), passed with only one delegate opposed. It must still be heard by the full committee and win House and Senate approval before Kaine will get an opportunity to sign it.
Kaine campaigned for governor with promises of a comprehensive solution to the state's traffic congestion problems. Part of that solution, he said in a key campaign ad, was to give local governments the right to say no to development more often.
"I'll give your community more power to stop out-of-control development that increases traffic," Kaine said in a 30-second television ad that aired extensively during the campaign in Northern Virginia's outer suburbs.
But that promise has run head-first into legislative reality in Richmond, where property rights are highly valued and where the building and development lobby is wealthy and influential.
That influence was on display Wednesday, when the bill granting more rezoning authority to localities was killed in the House.
The idea could still come back to life in this legislative session, scheduled to end March 11. Lobbyists said they expect the governor to submit a Senate version of the same measure this week. But even if it passes in the Senate, that bill still would need to be heard by the same House committee that rejected the House version Wednesday.
Advocates on both sides gathered at 7:30 a.m. in the Richmond committee room, braced for a bruising clash over development, growth and property rights.
Homebuilders, who vigorously oppose greater authority for local governments, had lined up business leaders from across the state to testify against the bill.
Meanwhile, slow-growth supporters from Northern Virginia had driven down in the hopes of testifying in favor of the governor's bill. The fact that Kaine had campaigned for office in part on a promise to push for the bill gave them hope.
But neither side got the chance to have its say.
Moments after Homer began to speak on behalf of the bill, Del. G. Glenn Oder (R-Newport News) made a quick motion to "lay the bill on the table," a parliamentary move equivalent to rejecting it.
"I'm just not convinced this is necessary," Oder said, before joining his colleagues in voting.
Several of those who attended the hearing said they were frustrated by the decision not to allow them to testify before the vote.
"We're very disappointed," said Lisa Guthrie, executive director of the League of Conservation Voters. "The committee doesn't seem to understand that the public and citizens do not want business as usual. The committee was not listening."
Ted N. Smart, a developer from the Stafford area, said he drove to Richmond hoping to testify in favor of the bill. In prepared testimony that he was not able to give, Smart said that not all developers are opposed to greater authority for local governments.
"This legislation is a common-sense way to set logical, reasonable and uniform standards by which local governments can plan for future road and transportation needs," Smart wrote in his testimony.
Chris Miller, the president of the Piedmont Environmental Council, said current law restricts local governments in planning for development. However, he said, he has hope for change.
"The public is increasingly aware of the joke," he said.
But Del. Terrie Lynne Suit (R-Virginia Beach), a mortgage lender, said there is no need for new legislation to authorize powers that local governments already have. She noted that the City of Chesapeake has established rules that use traffic concerns to guide development.
"This can already be done," she said. "Chesapeake has been doing it this way for years."
View all comments that have been posted about this article.