"Though a recent court ruling has at least temporarily derailed regional transportation authorities in Northern Virginia and Hampton Roads, local officials are moving forward with their own efforts to form such an organization.

The Virginia Supreme Court ruled that unelected bodies do not have the power to impose taxes and fees to pay for transportation and road improvements, jeopardizing a hard-fought compromise forged last year and pushing the General Assembly into a special session this spring to try to find a way to fix what the court undid.

However, Charlottesville and Albemarle County officials say that the court decision does not directly imperil plans for a regional transit authority here. That’s because city councilors and county supervisors would likely be the ones levying taxes to pay for transit improvements, not a new, independent body.

“Realistically, I don’t believe the city and county would have attempted to form an authority that would have had taxing powers independent of local government approval,” Del. David J. Toscano, D-Charlottesville, said. “And that was the problem in Northern Virginia.”

Albemarle Supervisor Dennis S. Rooker concurred: “I don’t see it as an obstacle.”

Next year the two localities are set to ask the General Assembly for permission to establish the new regional transit body. Right now, the local bus system is owned and operated by Charlottesville, with Albemarle serving as a paying customer. By creating an equal partnership, the county would get greater say over transit decisions in exchange for a larger share of the financial burden.

A consultant study estimates that the annual operating cost of an enhanced bus network would be just less than $11 million, compared with the current $5.9 million. Capital costs would be between $8 million and $18 million, though they could skyrocket to between $32 million and $138 million if officials want a bus rapid-transit system with dedicated lanes.

Supervisors and councilors have said they are unlikely to fund the transit enhancements through general fund revenue, and instead would seek permission from the General Assembly to increase the gas or sales tax. A 4 percent hike in the gas tax would net the two localities $9.2 million annually, while a 0.5 percent jump in the local sales tax would yield $13 million.

In the coming months, officials with the Thomas Jefferson Planning District Commission expect to finalize a proposal for the regional transit authority, but now they have to wait to see how the “dust settles” in the General Assembly, said Harrison Rue, the commission’s executive director.

“We want to ask for something the General Assembly is comfortable with and not invent a new animal,” Rue added.

However, city Mayor Dave Norris is concerned that the court decision could still have ramifications for the local regional transit authority proposal.

“I hope they won’t use the ruling as an excuse to say ‘we won’t support regional transportation authorities in the future,’” he said.

Forging another transportation compromise in the General Assembly may not be easy. Republicans in the House of Delegates have signaled that they want a narrow fix that addresses the areas the court ruled unconstitutional. Democrats, on the other hand, will be looking for a statewide solution for raising revenue for transportation improvements.

A prolonged and contentious battle could hurt Charlottesville and Albemarle’s chances next year of getting a transit authority approved, some worry. But others, including Norris, are optimistic that legislators will ultimately give the OK.

“It’s a tough sell, but if we make a convincing case, go with the other regions that are seeking the same authority and structure it in a way that is constitutional, I’m hopeful we can get it done,” he said." (Seth Rosen, The Daily Progress, March 17, 2008)