By Eric M. Weiss
Washington Post Staff Writer
Tuesday, June 26, 2007

The Northern Virginia Transportation Authority released yesterday for the first time a list of road and transit projects that would be funded by proposed regional taxes and fees.

The authority is scheduled to vote July 12 on whether to impose seven taxes and fees that would raise about $300 million a year for projects that otherwise would not be funded through the state Department of Transportation.

Many of the projects on the list have been on the drawing board for years but have not been included in the state's transportation funding plan, which has been reduced as more money has been needed for maintenance. The projects to be funded by the authority are relatively small and inexpensive improvements, not mega-projects like the Woodrow Wilson Bridge and Springfield interchange.

The initial list of 22 "ready-to-go" projects calls for funding of $102 million and includes a new Fairfax County Parkway interchange, the widening of the Prince William Parkway and a bus-rapid-transit line through Arlington County and Alexandria, among other proposals. The projects were chosen because design and right-of-way acquisition are complete or nearly so.

"All are ready to go, but some are more ready than others," said Prince William Supervisor Martin E. Nohe (R-Coles), vice chairman of the authority. He said some of the projects could be well underway in less than a year -- lightning-quick in the transportation world.

"We want the public to understand that we are committed to doing transportation and not just talking about transportation," Nohe said.

The General Assembly approved legislation this year that gave authorities in Northern Virginia and Hampton Roads the power to raise local taxes and fees for regional transportation improvements.

The Northern Virginia authority has decided to go to the bond market and borrow money for the projects, which would allow it to speed up the process by tapping future revenue now, Nohe said.

But first the authority needs to address legal challenges to the proposed tax and fee increases, which include higher vehicle registration fees and higher taxes on home sales, rental cars, hotel rooms and auto repairs.

The authority will ask a Circuit Court judge to rule on the legality of any bonds the authority may issue. The authority's legal team has not decided on a specific court in which to file the case.

"Instead of waiting for someone to sue, we're going to court first," Nohe said. "If the courts are going to tell us that it is not constitutional, we need to know that as soon as possible."

Critics say that under the state constitution, only elected governments can raise taxes. Although some authority members are elected members of local boards, the critics say, the members were not elected by the region as a whole and should not be able to raise taxes regionwide.

The state attorney general's office has said that the authority has the power to raise taxes and fees and that laws passed by the General Assembly are assumed to pass constitutional muster.

The authority has 14 voting members, including the top elected official, or a designee, from each of nine Northern Virginia jurisdictions. The House of Delegates appoints two members; the state Senate appoints one; and the governor appoints two. The authority also has two nonvoting members, the director of the Virginia Department of Rail and Public Transportation and the state transportation commissioner.

Nohe said the plan is for the authority to approve the list of projects at the July 12 meeting if it approves the tax and fee increases.

Stewart Schwartz, executive director of the Coalition for Smarter Growth, said the initial effort strikes the right tone.

"It looks well balanced to me in terms of transit, pedestrians, bicycles and roads," Schwartz said.

He said it is important to improve local land-use planning in conjunction with the increased funding.