David J. Toscano

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State of the Commonwealth Address

January 15, 2016 by David Toscano

The Assembly Convenes

The 2016 General Assembly Session convened at noon on Wednesday, January 13, 2016.

The focus of the first day’s activity was the Governor’s State of the Commonwealth Address.  Gov. McAuliffe gave an enthusiastic and optimistic speech centering on his goals for this session, including passing his two-year budget. Much of the next sixty days will focus on the budgetary priorities of the Governor and legislature. In addition, we will consider some 3,000 bills, which will run the gamut of whether we should designate a state reptile to the passage of $109 billion two-year budget.

Biennium Budget

This is Governor McAuliffe’s first two-year budget and it reflects his focus on building the new Virginia economy. There are proposals for substantial investments in job creation, workforce credentialing, and education. As many of you know, Virginia did not emerge from this recession as robustly as it has in years past, due primarily to federal sequestration and to cutbacks in federal dollars flowing to the Commonwealth in the form of defense and consulting contracts.  Since the amount of federal dollars coming to the Commonwealth will not likely be restored to previous levels, the Governor is rightfully focused on increased diversification of our economy.  He has proposed investing more money into the Port of Virginia, creating greater opportunities at institutions of higher education to commercialize creative ideas and get them to market, and providing funds for community colleges to train Virginia citizens to take the jobs of the future.

Budget Priorities

I strongly support the Governor’s priorities in this budget, including restoring much of the monies that were cut from education spending as a result of budgetary pressures of the last six years.  The Governor wants to increase the number of teachers and provide them with raises. His budget includes $500 million to fund the “re-benchmarking for the standards of quality,” a phase we use to describe monies necessary to keep school resources at their present level. The Governor also proposes more spending on pre-K education and at our institutions of higher learning. I will support most all of it. The Governor includes initiatives designed to make Virginia the most veteran-friendly state in the nation. We have made great strides in the last few years, including ending veterans’ homelessness in the Commonwealth and committing ourselves to building veteran care centers in Hampton Roads and Northern Virginia.

Finally, there are many worthy new initiatives in the area of juvenile justice in the Governor’s budget and his legislative package. In Virginia we spend more than $140,000 per year to keep a youngster in a juvenile correction center. Almost 80 percent of those young people are re-arrestedwithin three years of being released. In fact, the research suggests that the longer a young person stays in a juvenile correction system, the more likely they are to re-offend when released. This is not a particularly good return on our investment. Consequently, there are proposals that take savings from closing several large juvenile facilities that either are in disrepair or are no longer needed because the population of juvenile detainees is declining, and reinvesting the savings in small facilities and in community-based corrections, an approach that many of us believe will give us greater opportunities to prevent recidivism among young people.

Next Week

In my next update, I will provide you with a list of the bills that I have introduced for the session and others that I am especially watching that have some potential relevance for our community.

Filed Under: General Assembly 2016 Tagged With: Education, K-12 Education funding, Pre-K Education Funding, Virginia budget, Virginia Higher Education Funding

Virginia Budget Prelude

December 2, 2015 by David Toscano

State of Play:
A Preliminary Look at the Virginia Budget

With the 2015 election over, legislators and commentators are now turning their attention to the upcoming General Assembly session and Governor McAuliffe’s first two-year budget.  Even though the Governor has been in office almost two years, this is his first budget: it is not widely understood that a governor does not have a chance to propose a budget that is totally his own until well into his second year in office. In Virginia, we have two-year budgets and this is Gov. McAuliffe’s chance to establish a legacy of budgetary priorities. His budget will be unveiled to the money committees in the House and Senate on Thursday, December 17, 2015.   Between now and then, you’ll begin to read about possible initiatives in the proposed budget and will undoubtedly hear criticisms from the Governor’s detractors of his various proposals.

Budget Priorities, Assumptions & Projections

Before your eyes begin to glaze over as you read and hear about budgetary lingo like “re-benchmarking for the standards of quality,” “budget drivers,” “our budget is structurally sound,” and “claw backs,” please take a moment and think about the significance of the budget.

State budgets reflect the priorities and intentions about where we want to go as a Commonwealth. Every decision in the budget process, no matter how small, reflects a priority and can affect thousands of Virginians. We spend money on state police to keep us safe, on clean water to protect our health, and on education to ensure our children have opportunities to learn. We invest in job creation for future growth, and provide funds to the disabled, elderly, and infirmed so they can have a better life.

Budgets are also based on assumptions and projections. We are not precisely sure how much money we have to appropriate until tax dollars are actually collected. So we project figures. We usually expend close to our projected revenues, leaving us some cushion for the possibility that the economy will not be as robust as we think it will be. That is prudent budgeting, but it is also where politics and economic philosophy intrude. If your projections are too conservative, you might not fund a critical program; if too liberal, you could create a shortfall, requiring cuts in future years.

Traditionally, the House and Senate have used different assumptions in building their budgets, with the House generally more conservative in projecting revenues. The House Appropriations Committee and staff are generally less bullish on the economy, projecting the growth in revenues at 3.2% in fiscal 2017, and 3.3% in fiscal 2018. In contrast, the Senate Finance Committee and staff are projecting 3.6% and 3.8% in the same years, respectively. This difference will mean millions of dollars over the next two years.

The Governor will also make projections when he releases his budget, and it will be interesting to see what they are. If he builds Medicaid expansion into the budget, the revenue growth is likely to be much higher than either the House or the Senate money committees have assumed, and his budget is likely to be more robust. This will set up a direct conflict between the spending the Governor wants and the constraints that the Senate and House Republicans will put on the budget because of their refusal to accept federal monies to expand Medicaid.

Our budgetary challenges in recent years have occurred because of two factors. First, the Virginia economy has not recovered from the 2008 recession as well as it has historically done.  Second, federal sequestration has decreased employment and brought less growth, especially in Northern Virginia. Virginia ranked 49th among the 50 states in growth for 2014 and we have been lagging behind places like Alabama and Maryland since 2010. Unemployment rates have declined somewhat, but wages have largely been flat since 2009. Part of this has to do with the effect of decreases in federal procurement, especially in Northern Virginia. There are some signs that Northern Virginia is slowly recovering, but we have a long way to go and we are not likely to return to the expansive growth rates of ten years ago without some structural changes in our economy.

Considerations To Be Made

The largest portion of state revenues is spent on education. The last two-year budget totaled $36.8 billion, almost half of which involved transfers to local governments. The largest section of those transfers to local governments is for public education, the number one priority of many of us in the General Assembly. This is where the Commonwealth’s spending comes to life – in the quality of our classrooms, the talents of our teachers, and the magic that occurs when students are being taught and learning at their full potential. And this is where much of the debate will occur in this budget cycle. We are under an obligation required by state law to “re-benchmark for the standards of quality” every two years. In everyday parlance, this means that we have to total up the costs of providing basic education services in the Commonwealth and then put enough money in our budget to fund it. In actuality, we do not totally fund all of the demands of public education; the state pays only a portion, and local governments need to find the rest. Consequently, every dollar not allocated by the Commonwealth for education creates more pressure on the localities and their taxpayers. In Charlottesville and Albemarle, we are very generous in spending local dollars on education; our community believes that educational investments are necessary to maintain our local school divisions. Other localities find this more difficult because their tax base is not as strong. Virginia’s per pupil spending state-wide is not much higher than it was in 2007, and many Democrats and some Republicans believe more investment is needed. Re-benchmarking is expected to cost the state an additional $450 million in the next two years, but I would expect the Governor’s budget will include more money for education than just for re-benchmarking.

With this background, here are some budget questions and issues we will debate in the upcoming next session:

  1. After we re-benchmark for the Standards of Quality, how much additional money will be allocated for other educational initiatives? We know the Governor is very supportive of pre-K education and observers predict that there will be more money in his budget for that. But historically, House Republicans have been skeptical about claims in support of pre-K and are likely to resist expanding the program. And what about higher education? Democrats have been focused on reducing the impact of tuition increases on rising student debt. In-state undergraduates pay 47% of the cost of education, up from 23% in 2001-02 and much more than the state targeted rate of 33%. Many on both sides of the aisle believe that we need to invest more in our research universities, such as U.Va., and provide greater incentives to commercialize research breakthroughs out of our universities to create new businesses and spur economic opportunity. We will likely see some new initiatives to spur university-business collaborations in bioscience, manufacturing, and cyber security, all designed to help build the new Virginia economy.
  2. What additional initiatives will we adopt to encourage the Governor’s New Virginia Economy Workforce Initiative? Agreement exists that we need more effective workforce development. We know two-thirds of all new jobs do not require college degrees, but a recent JLARC report indicated that our investment in workforce has not been as productive as it needs to be. Some change can occur without money, but other initiatives, especially in our community colleges, will require state investment to be effective.
  3. Will the legislature seriously attack the proliferation of tax preferences for industries – most notably coal – that no longer work for their intended purpose of creating jobs or economic opportunity? Eliminating credits for coal, for example, would create between $50 to $100 million in revenue, enough to fund a 2% statewide teacher raise.
  4. Will the legislature finally decide that it makes good economic sense to expand Medicaid and therefore provide healthcare coverage to over 300,000 Virginians while shoring up our budget, our rural hospitals, and creating jobs? Right now, we’re sending in excess of $4 million a day in our taxes to Washington, D.C., which could be brought back to Virginia if we expanded Medicaid. The Governor is likely to put a provision in this budget that will bring those dollars back to Virginia, but Republicans remain steadfast in their opposition. There is no doubt that state Medicaid spending is a huge driver of the additional demands on the budget. Virginia has adopted a number of reforms, which has had the effect of limiting the increases in Medicaid spending, but because so much of the additional costs are driven by increasing numbers of older people with special nursing home and other expensive needs, the program continues to expand. The good news is that the percentage increase in Medicaid spending is likely to decline.
  5. Will the budget include pay increases for faculty, teachers, and other state employees?   A 2% faculty COLA increase would cost $33 million to the state in the next two years. A 2% teacher increase amounts to $83.2 million per year.

In the next several months, you’ll read more about so-called “wedge” issues – guns, Syrian refugees, abortion – and I hope you engage in these conversations. But the major action always involves the budget, and I will continue to keep you informed as we go through the process.

We have a long way to go before we get to a biennial budget and I will continue to try to provide insights about the Governor’s proposals and the legislative responses to them.

Filed Under: General Assembly 2016 Tagged With: Affordable Health Care, Coal Tax Credits, Education, Environmental Protection, K-12 Education funding, Medicaid expansion, Pre-K Education Funding, State Employee Compensation, Virginia budget, Virginia Higher Education Funding

General Assembly Update (Feb. 20, 2015)

February 20, 2015 by David Toscano

The 2015 General Assembly session is scheduled to adjourn on February 28, 2015. The revised budget is just about done and will likely include some raises for teachers and state employees. It is also likely to include some additional monies for higher education. These are important advances, though I would like to see additional funding for education.

The budget does not go far enough in a number of other ways, and still does not provide for the expansion of Medicaid, which could bring back hundreds of millions of our taxpayer dollars to help Virginians secure health insurance, create jobs, and strengthen our hospital systems.

A number of the major initiatives that I have worked on look likely to pass in some form. The bill to expand the DNA database, which was proposed in response to the Hannah Graham murder, has now passed the Senate in a form slightly modified from the one that was passed by the House. This means that there will be a conference committee composed of Senate and House members to reconcile the two bills for final passage. The same is true with the campus sexual assault reporting bill. I hope to be involved in the final discussions on these bills and expect them to be passed and signed by the Governor.

In the energy arena, one of the major debates focused on the bill proposed by Dominion Virginia Power to freeze electric utility rates for the next five years. This is drawing considerable controversy in the press, and much of the focus has been on the initial form of the bill, which was extremely detrimental to consumers and those of us who support greater investment in renewable energy. The bill that passed, however, is substantially different than the one that was proposed. In fact, the amended bill was not opposed by the Sierra Club, nor the League of Conservation Voters. It includes a requirement that Dominion undertake a weatherization program for low-income persons, and unprecedented initiatives to expand solar and other renewables. The bill provides some comfort to consumers as it will freeze the “base rates” of the utility for the next five years. Your utility bill may or may not change, however, as your bill also reflects the cost of fuel. If natural gas continues to decline, that decrease in price will be passed on to the consumer in the form of lower bills. If there is a spike in natural gas or other fuel sources, your bill will likely rise. But the base rate, which is determined by the cost of other operations of the utility, such as maintaining its infrastructure and repairs and replacements generated by weather events and natural disasters, will be borne solely by the utility. In the event that Dominion “over earns” after the five year period, they will have to provide a credit to consumers, or an actual reduction in base rates.

My efforts to reform the coal tax credits have not yet succeeded. Republicans in the House and Senate have not yet been convinced of the economic arguments opposing the massive taxpayer subsidies provided to the coal and utility companies. This has amounted to approximately $600 million over the last twenty years for an industry that has lost three quarters of its workforce during this period and is now mining substantially less coal. Unfortunately, some people are so “locked in” to the so called “war on coal” argument, and are willing to allow their constituents to further subsidize an industry that is failing. The better approach is to take the money and invest it in emerging industries in southwest Virginia that will create better jobs in the long run. We will continue to fight for reform.

Several of my other bills will soon pass both bodies and go to the Governor. Included in these is my bill to give property owners more flexibility in how they deal with the city’s zoning ordinance for sidewalk construction (HB 2051), a bill to eliminate paperwork for small businesses as they file their personal property tax documents with their localities (HB 2098), and a bill requiring universities to provide more information about their sponsored research programs and the degree to which these initiatives are creating more commercial activity in the Commonwealth (HB 1959).

And, for your viewing pleasure, you may be interested in a floor speech I gave this week on “millennials” and how Democrats are responding to their concerns in Richmond. You can see it here.

I am looking forward to returning to Charlottesville to spend more time with my family, resume my law practice, and serve my constituents from my local office. It is a pleasure serving you in Richmond.

Sincerely,

David Toscano

David Toscano

Filed Under: General Assembly 2015 Tagged With: Affordable Health Care, Charlottesville sidewalk funding program, Coal Tax Credits, DNA Database Expansion, Education, Environmental Protection, K-12 Education funding, Medicaid expansion, Renewable Energy, Sexual Assault Policy, State Employee Compensation, Virginia Higher Education Funding

General Assembly Update (Feb. 13, 2015)

February 13, 2015 by David Toscano

Crossover and the House of Delegates Budget

Crossover has now come and gone, and so too has the debate on amendments to the budget. On the budget front, the good news is that the Commonwealth is doing better financially, and as a result, the House budget provides raises to state employees and teachers. The House budget includes 1.5 percent pay increase for school teachers and employees, and an additional pay increase for other state employees. The budget, however, does not go far enough. Our teacher salaries in Virginia are now $7,500 below the national average. State per-pupil spending, even with this new budget, is still lower than it was in 2009. The result has been that localities are forced to pay more of the cost of education than they did in the past, and property tax rates have increased as a result.

Medicaid expansion

The budget also does not go far enough in that it continues to reject Medicaid Expansion, a decision that continues to cost the Commonwealth $4.4 million per day in federal funding ($1.8 billion lost to date) as we continue to send our tax monies to Washington instead of  bringing them back here to aid some 400,000 people who do not currently have health  insurance. The House budget includes a slight increase for free clinics, but they do not have the capacity to address the vast unmet need for quality medical care. We are very fortunate in Charlottesville that our free clinic does better than most, but neither the extra monies nor our facilities are sufficient to adequately address the problem. House Republicans have accepted elements of the Governor’s Healthy Virginia Plan, but this will affect fewer than 30,000 citizens, and we have yet to determine whether the House proposal will be approved by the Obama administration.

Pre-K spending

The House budget also cuts pre-K spending substantially and does not give the Governor the flexibility to move some of the money around so that it can service more people throughout Virginia. The budget does not go far enough in dealing with the tax preferences that represent massive transfers of Virginia taxpayer dollars to a small number of corporations, particularly coal and utility companies. Instead, we have a budget that includes a “reform” to the Land Preservation Tax Credit, a program that does a lot to conserve rural land against future development. You may hear my comments on the budget below.


 

DNA database expansion

A number of my bills survived Crossover either in their original form or combined with another Delegate’s legislation.  My DNA bill passed the House resoundingly as incorporated into Delegate Bell’s bill. This bill allows samples of DNA to be taken from people who have committed, and are convicted of, certain misdemeanor offenses. This does not include juveniles or minor misdemeanors. The samples will be included into the DNA database which can be used to exonerate those people who have been improperly charged with a crime and help apprehend people who have committed more serious crimes.

Campus sexual assault

The language of my campus sexual assault bill found its way into another bill (HB 1930), and has now passed the House. After listening to many constituents and advocates for survivors, my bill was transformed into a survivors empowerment bill that none-the-less gives university Title IX Coordinators the ability to report serious offenses in the event that the perpetrator might be a danger to the community. This bill will undoubtedly be changed as it moves through the process, but I think we will have a measure passed that will increase the likelihood of survivors reporting these cases and making more perpetrators accountable for their actions.

Health insurance coverage for children with autism

Two other interesting bills passed that can make a difference to health challenges faced by Virginia. House Bill 1940 requires health insurance carriers to offer coverage for autism in youngsters between the ages of two and ten; any family which has a child with autism realizes what a challenge this is. And HB 1445 decriminalizes the use of cannabis oil for the medical treatment of epilepsy.

We have two more weeks left in the session if we finish on time. It is a pleasure serving you in Richmond. As always, please do not hesitate to contact my office should you have any questions or if we can be of any assistance.

Sincerely,

David Toscano

David Toscano

P.S. Eugene and Lorraine Williams, civil rights pioneers, were honored by the House of Delegates last week.  You can watch here:

Filed Under: General Assembly 2015 Tagged With: Affordable Health Care, DNA Database Expansion, Education, K-12 Education funding, Medicaid expansion, Pre-K Education Funding, Sexual Assault Policy, State Employee Compensation, Virginia budget

Update from the General Assembly, Week of 1/26/15

January 29, 2015 by David Toscano

Fourteen days into the Session, and things are really heating up. On Wednesday, several of my bills advanced, including a measure to provide Charlottesville more options in their sidewalk funding program, and a bill to address certain problems that small businesses have in Albemarle County in how they report their assets for tax purposes.

House Bill 1617, my bill to expand the DNA database, got its first hearing in the Courts of Justice criminal law sub-committee on Tuesday. Albemarle Sheriff Chip Harding and Gil Harrington testified on behalf of the concept. This bill is likely to have a fiscal impact and we will have to find some monies in the budget to help fund it. But I believe the concept is well accepted by members of the Courts committee, and I believe that some initiative will be passed. Delegates Bell and Obenshain also have bills, but it is not clear which vehicle will ultimately be the one that moves forward. However, the important thing is that we will likely get some change in the DNA database this session which will make it easier to apprehend wrongdoers and exonerate the innocent.

The big disappointment of the day was the failure of the House Finance Committee to report out HB 2181, a bill that would have reformed the coal tax credits in Virginia. Independent of the climate change issue, which I believe is important and one on which we should focus, the economics of the coal tax credit is abysmal. What we have been doing is providing taxpayer subsidies for 25 years to utility companies and coal companies in the form of massive tax credits. The credits provided to these companies total over one-half billion dollars. And what have we gotten for it? Coal tonnage mined is down from 48 million tons per year to 17 million tons per year in the last twenty years.  And employment has dropped from over 11,000 in 1988 to only 3,600 in 2014. If we were running a private company and got that kind of return on our investment, we would be fired.

On Wednesday, I took to the floor to argue for a reform of the coal tax credit program. You can see the speech by clicking here, and read my written remarks with some commentary from the Blue Virginia blog by clicking here. The bill would have raised almost $20 million dollars in the first year that could have helped with education, public safety, and critical services. The bill was defeated on a party line vote, and it is clear that the Republicans view any effort to reform these credits as part of the “war on coal.”

A number of my energy bills will be heard next week, including a bill that will facilitate electric vehicles being able to transfer unused energy back to the grid (HB 2073), and a bill that will encourage greater use of solar energies through what is called the Solar RECs (HB 2075).

The Senate has defeated most of the gun safety bills; many have yet to be heard in the House but will probably experience the same fate. I have one of these bills, a measure that would permit voluntary background checks by private sellers at gun shows. This is designed to close the so-called “gun show loop-hole,” which permits private sellers at gun shows from having to get a background check before they transfer a gun to a purchaser. A voluntary check program would permit these private sellers to request the State police to conduct a background check to insure that their purchasers do not have something in their past that prevent them from obtaining a gun. The Virginia State Police would be present at the show — the check could be easily done.

Finally, the budget is continuing to be refined and will appear in the next week. Given our new budget projections, I am working with others to find monies for teacher and state employee raises, and to protect K-12 funding.

Please feel free to call us or write us during session with issues of concern.

It is a pleasure to serve you in the General Assembly.
Sincerely,

David Toscano

David Toscano

Filed Under: General Assembly 2015 Tagged With: Charlottesville sidewalk funding program, Coal Tax Credits, DNA Database Expansion, Education, Environmental Protection, Gun Safety, K-12 Education funding, Renewable Energy

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