David J. Toscano

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Redistricting & Attacks on Sustainability

June 20, 2011 by David Toscano

General Assembly Update (6/20/11)

On June 9, 2011, I returned to Richmond for a one-day session to discuss redistricting of Congressional Districts in the Commonwealth. Two competing plans have emerged, one from the Republican-controlled House and one from the Democratic-controlled Senate. While not perfect, the Senate’s plan is superior in that it would create more competitive districts and divide fewer communities. The plan proposed by the House was written to protect incumbents and does not represent the public’s desire to draw districts that are contiguous and represent communities of interest. This will be finalized in the coming weeks as a conference committee of members of the House and Senate meet to resolve differences.

While redistricting discussions are occurring in Richmond, a debate rages in Albemarle County about sustainable growth and a $1 million grant that the City, County and University of Virginia recently obtained from HUD for joint planning initiatives. This grant would assist these groups with regional planning and is designed to measure environmental impacts in the community and to develop a single map to depict land uses in the region. The grant will also assist planners in the County with the update of the Comprehensive Plan, thereby saving taxpayer monies that would otherwise be spent from the County budget. During the grant’s implementation, recommendations for each jurisdiction are to be developed, but there is no requirement that any entity embrace any specific change in zoning, land use, or other policies.

While the goals of the grant seem reasonable, the Jefferson Area Tea Party raised concerns and caught the interest of Supervisor Ken Boyd. In May, Boyd raised questions about whether the County should participate in the grant (despite voting unanimously months earlier to support it), and suggested the County withdraw from the International Council for Local Environmental Initiatives (ICLEI), claiming that the group has “infiltrated” county staff. This led to a five-hour public hearing on June 8, 2011, where words like “socialist,” “Marxist,” and “state central control” were used by various members of the public to describe the goals of the grant.

The debates over sustainability, urban planning and climate change are similar to those that occurred in Richmond last session. For example, a bill offered by Delegate Bob Marshall (HB 1721) became a vehicle for questioning the reality of climate change. The bill would have undermined the development of Urban Development Areas, a planning tool supported by many Democrats and Republicans designed to concentrate housing and infrastructure in specific areas within jurisdictions, thereby lessening sprawl, the costs of maintaining services to localities, and impacts on the environment. The concept of the Urban Development Area was introduced into the Virginia Code in 2007 through a much celebrated bill (HB 3202), initiated by House Republicans in hopes of addressing some of the Commonwealth’s transportation challenges. Marshall’s 2011 bill would have gutted the UDA legislation, and, in testimony in support of the bill, a number of climate change skeptics and conspiracy theorists argued that ideas like climate change and sustainability are part of a political agenda promoted by the United Nations and a worldwide network of people who would take away private property rights of Americans. Marshall’s bill passed the House but died in the Senate, and it is illustrative of the degree to which the deniers of climate change have entered the public debate. I previously reported on some of these debates in an earlier update.

Similar claims about the United Nations, property rights, and climate science were made during the Albemarle public hearing on the planning grant. In the view of those who argued against accepting the grant, the threat of climate change, as a human-made and highly threatening phenomenon, is at best an exaggeration and, at worst, an utter hoax. Fortunately, the County Board rejected the climate change deniers and reaffirmed its support for efforts to jointly plan with the City and University, though they voted to withdraw from ICLEI.

Allowing these claims into these local policy debates is counterproductive. There is broad scientific consensus, both in this country and around the world, that climate change is real and is enhanced by human activities. National academies of science in over 30 countries have passed resolutions supporting the view that climate change is caused by human activity. While there may be debates about how to address it and how active government should be in this arena, there is little doubt about the facts.

  • In the past 100 years, the world’s temperature increased 1.5 degrees Fahrenheit. The Intergovernmental Panel on Climate Change (IPCC), which includes more than 1,300 scientists from the United States and other countries, forecasts a temperature rise of 2.5 to 10 degrees Fahrenheit over the next century”
  • Sea levels have risen six inches during the 20th century and some models predict increases of up to 23 inches during the 21st century. If this occurs, the increase would inundate approximately 10,000 square miles of land in the US, the equivalent of the combined size of Massachusetts and Delaware.
  • The oceans are growing in acidity as a result of human activity, affecting marine life and fishing economies associated with coasts.

We live in a University community where vigorous debate and discussion is supported and respect for science and scholarly inquiry is encouraged. In fact, much of our country recognizes the importance of scientific inquiry and technological advancement. My concern is that reasonable debates about the proper role of government are being undermined by distortions of the truth. It has frequently been said, “While we are all entitled to our own opinions; we are not entitled to our own facts.” It is my hope that we can return to this tradition in America, so that scientific facts can guide the development of our opinions and policies, rather than the other way around.

TOSCANO POSTSCRIPTS TO JUNE 20, 2011 UPDATE – October 17, 2011

A recent encounter with a group of citizens from the Jefferson Area Tea Party (JATP) reminded me again of why I chose public service, as well as what continues to drive me to seek the best for our region, Commonwealth, and country. The group had come to express concern about a recent posting on my website related to climate change. They took offense at some of the language that I had used, which they thought was an attempt to limit their First Amendment rights of free speech. I had not intended it that way, but upon re-reading the sentence and further reflection, I saw their point; I had written the sentence in the way that could have been easily misinterpreted. I told them that I never intended to stifle public discourse, and attempted to assure them of that.

As I told the group, there is room for all views in a public debate, and I have a special responsibility, as an elected official, to encourage that public debate, even if it may bring forth views that are contrary to my own. When I was first elected, I campaigned on being a voice for the voiceless. I initially believed that the “voiceless” were mostly the poor and disadvantaged. But during my time in office, I have been convinced that feelings of powerless are experienced by citizens from all walks of life. Many in our society feel that they have no power and are disenfranchised by the political process. In my view, the best way to counter this is by engaging all citizens in a transparent process of governance.

My encounter with this group also re-enforced my views about the importance of civility in public discourse. I continue to believe that name-calling and ideological stridency – from wherever it emanates – can distort the democratic process by discouraging citizens from participating and by undermining efforts to compromise for the common good. I continue to be suspicious of conspiracy theories and those who disregard facts that question their political agenda, the most recent version of which involves allegations that scientists are “conspiring” to distort facts related to climate change.

Politics can sometimes be messy and heated; even our founders were not immune from what we might perceive to be “dirty” and uncivil politics. But our most effective leaders have always found a way to work together to move the country forward. While we cannot legislate civility, we must encourage it at every opportunity. And while we should not stifle the sometimes shrill voices of controversy, we should strive harder for civility in our discourse and think carefully about the words we use as we make our points in the public domain.

Filed Under: General Assembly 2011 Tagged With: Charlottesville and Albemarle County, Legislative Redistricting

Redistricting Finalized

April 29, 2011 by David Toscano

General Assembly Update (4/29/11)

After a series of stops and starts, the Virginia House of Delegates and the Virginia Senate agreed on a redistricting plan for the 100 Delegate and 40 Senate districts of the Commonwealth. It passed with veto-proof majorities in both chambers, 32-5 in the Senate and 63-7 in the House.

Map of Virginia's 57th House of Delegates District as redrawn in 2011.
The 57th District as redrawn in 2011 (change will take effect in 2012).
Map of Virginia's 57th House of Delegates District as it has been since the 2000 census.
The 57th District as it has been since the 2000 census.

In early April, the House and Senate passed a bill that was subsequently vetoed by Governor McDonnell. The Governor’s veto was targeted primarily at the Senate districts, which, not unlike the House, were drawn to protect incumbents. Over the last week, Democrats and Republicans in the Senate have worked on a compromise plan that would adjust the districts somewhat in order to obtain the Governor’s approval. The House plan has not changed much from its original proposal. The Congressional Plan is not yet complete, and we will need to return to Richmond to complete work on this on July 11.

What does this mean for you? For those in the 57th District, if you live in the Ivy, Jack Jouett, or a very small portion of the Free Bridge precincts, your representation will change beginning in 2012. Ivy and Jack Jouett will become part of the 25th District, now represented by Delegate Steve Landes, and part of Free Bridge will become a part of the 58th District, now represented by Delegate Bell. Cale, Woodbrook and a part of East Ivy precincts formerly represented by Delegate Bell in the 58th district will now be in the 57th, the district I represent. Delegate Bell also loses the Belfield precinct to Delegate Landes, and his district moves to the north and west by gaining a large portion of Rockingham County. The City of Charlottesville remains entirely in the 57th District. After these lines are complete, the 57th District will have approximately 80,000 people. Of all the districts representing portions of Albemarle, the 57th will have the largest percentage.

The Senate districts will change as well. If you live in the Agnor-Hurt, Branchlands, Dunlora, Free Bridge, Georgetown or Keswick precincts, your are now in the 17th Senate District, presently represented by Senator Edd Houck. The 25th Senate District, represented by Senator Creigh Deeds, will lose the previous precincts and gain precincts that were formerly in the 24th District, represented by Senator Emmet Hanger (Crozet, Free Union, and Brownsville). Voters in Jack Jouett, Stony Point, and Woodbrook will be split between the 25th and 17th districts. Click here for a map of the current and new House districts.

From the beginning, I have supported a non-partisan approach to redistricting, a position that was not embraced by the General Assembly as a whole. The approach that emerged was a partisan process that primarily benefits incumbents. I am honored to represent the 57th District in its various configurations. I will be sorry to lose my voters from Ivy and Jack Jouett, but am pleased to add Cale and Woodbrook, and I will always keep the entire region in mind when I cast my votes in Richmond.

Thank you for your input throughout the redistricting process and if you have any questions, please feel free to contact me.

Sincerely,
David

Filed Under: General Assembly 2011 Tagged With: Charlottesville and Albemarle County, Legislative Redistricting

Redistricting & the Veto Session

April 19, 2011 by David Toscano

General Assembly Update (4/19/11)

A funny thing happened on the way to a redistricting plan — Governor McDonnell’s veto. This action has created a level of uncertainty that may eventually lead to a court challenge and may force Delegates and Senators to run elections in two (three for Delegates) consecutive years.

How did we get to this point? I have always supported nonpartisan redistricting so it should come as no surprise that I voted against the House Republican plan which passed handily in early April. The House plan is largely an incumbent-protection plan which did not incorporate the work of nonpartisan map-drawing teams like those of the Governor’s Redistricting Commission or maps from student winners of the Virginia Redistricting Competition. In the House plan, entire districts were moved to other parts of the state to make it difficult for certain Democrats to run for re-election, including, notably, House Minority Leader Ward Armstrong. The plan creates districts which are less contiguous than presently drawn and divide more cities and counties than do present districts.

Map of Virginia's 57th House of Delegates District prior to 2011 redistricting.
Map of Virginia's 57th House of Delegates District prior to 2011 redistricting.

In the House plan, my district would have lost voters in the Ivy and Jack Jouett precincts and would have picked up Cale, Woodbrook and part of East Ivy. The Governor’s veto now makes this uncertain. You can see a map of what the 57th looks like currently and under the House plan on my Facebook page.

The Senate redistricting plan takes a similar approach — protect incumbents and, given that the body is Democratic, make districts more favorable to Democrats. That is what happens when you have a partisan redistricting process.

Many commentators believe that the Governor’s veto is targeted against the Senate Democrats and has little to do with nonpartisan redistricting. He could send us a bill based on one of the nonpartisan maps drawn by his Commission, but that is unlikely to occur. This is a rapidly evolving situation, so I will update you as more information becomes available. General Assembly committees are meeting this week and the full body will convene on Monday, April 25 to assess the situation and potentially vote on a revised plan.

The redistricting dispute has now largely eclipsed the recently convened veto session which occurred on Wednesday, April 6th. In a long, 11-hour session, we considered more than 85 changes to the budget, vetoes and the Governor’s amendments to legislation. The highlights of this session included rejection of the budget cuts proposed by the Governor to important initiatives like foster care and public broadcasting. My comments in the debate about decreasing support for foster care are posted at YouTube.

The Governor’s veto of the medical malpractice stabilization bill was handily rejected by both the House and the Senate. A bill that provides limited health care coverage to children with autism was able to survive Governor McDonnell’s amendments and will become law. The only major veto sustained by the General Assembly was to the bill that would have required schools to provide physical education. I received many thoughtful emails on this measure; the argument that this was an unfunded mandate on schools eventually won the day, and the veto was upheld.

I appreciate your input and patience as we deal with this complicated and sometimes confusing process, and I hope you will feel free to contact my office with any questions or concerns you may have. Please also feel free to contact my office if you need assistance in dealing with state agencies such as DMV, VEC, DSS and others. My number in Richmond is (804) 698-1057 and you may reach me by email at deldtoscano@house.state.va.us.

 

Sincerely,
David

Filed Under: General Assembly 2011 Tagged With: Legislative Redistricting, Virginia budget

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