Loudoun To Fight Va. Plan For Roads

The Loudoun County Board of Supervisors voted yesterday to challenge Virginia's new transportation plan, a decision that threatens to delay or even derail an agreement that promised to raise up to $400 million a year for road and transit improvements in Northern Virginia.

Loudoun officials argued that the law that created the transportation plan violates the state constitution by allowing an appointed panel of local officials called the Northern Virginia Transportation Authority to levy taxes and impose fees on area residents. The supervisors said state officials escaped the politically hard choice of raising taxes by pawning that responsibility off on a little-known body that cannot be held accountable at election time.

"We all want more money from Richmond," said Supervisor Lori L. Waters (R-Broad Run). "But at the end of the day, our citizens want transportation solutions, and Richmond is playing games."

A protracted legal challenge could delay the start of projects such as a new interchange on the Fairfax County Parkway, the widening of the Prince William Parkway and $11 million worth of road improvements in Loudoun. If the county wins, the agreement could be voided.

But supporters of the plan said they are confident that the law will stand up in court. They said Loudoun officials are blocking the only remedy they have to ease the crush on the region's clogged roadways and rail cars. The traffic jams in fast-growing Loudoun are among the worst in the Washington area.

Fairfax County's supervisors have approved the regional plan. "We have a choice," Board of Supervisors Chairman Gerald E. Connolly (D) said yesterday after learning of the Loudoun vote. "We can kvetch endlessly about the imperfections of the funding mechanisms, or we can do something. I say we do something."

The law, which took effect Monday, was the result of a last-minute, hard-fought compromise between the Republican-led General Assembly and Gov. Timothy M. Kaine (D), who signed the state's first transportation funding bill in 21 years.

The overall plan calls for about $500 million in statewide funding, with an additional $400 million available in Northern Virginia and about $200 million in Hampton Roads. Local governments in those two regions must agree to the plan before the taxes and fees can be collected to spend on local projects. Under the law, the Northern Virginia Transportation Authority can raise up to $300 million a year, with local governments eligible to raise $100 million.

A key part of the law was to put the transportation authority in charge of choosing projects and finding ways to pay for them. Until then, the authority had been a little-known advisory board without much power -- or money.

The authority has 14 voting members, including the top elected official or designee from each of nine Northern Virginia jurisdictions, along with two members appointed by the House of Delegates, one appointed by the Senate and two appointed by the governor.

Although most of the officials are elected, the board itself is not elected by voters. Critics fear that with no public accountability, the panel could play favorites in making decisions about where to spend the money.

Members of the authority said they had anticipated legal challenges and decided to ask a judge to affirm the constitutionality of the law as quickly as possible.

They said they expect to file the request in a circuit court in Northern Virginia on July 13, a day after the authority votes on its first taxes and fees, including a surcharge on home sales and car repairs.

After the request is filed, Loudoun County and other entities have 10 days to object. So far, Loudoun is the only county that has voted to challenge the request, though officials in Prince William County and a coalition of small towns in Fairfax County have expressed qualms about the authority's new powers.

"We've assumed all along that there would be some litigation," said Chris Zimmerman (D), chairman of the authority and a member of the Arlington County Board. "We're setting this up so we can get a decision as fast as possible."

If a judge rules in favor of the transportation authority, construction could begin early next year on a variety of projects in the region.

Loudoun officials rejected the notion that the litigation would hold up badly needed projects and waste taxpayers' money.

They argued that the challenge is necessary now to avoid similar questions later -- after residents were saddled with sky-high taxes.

"We need to ensure that there's someone speaking out against this authority," said Supervisor Mick Staton Jr. (R-Sugarland Run). "Are we going to allow and hope some private citizen stands up and has the money to fight this all on their own?"