VDOT: We Have "One Billion (Unspent) Dollars"

Cherry, Bekaert & Holland has released a completed audit of the Virginia Department of Transportation that detailed almost $1 billion of unspent money. "McDonnell's Millions" will run this holiday season as Gov. Bob McDonnell announced that VDOT would award $800 million to $900 million in maintenance and construction contracts by Dec. 31.

Not surprisingly, my good friend at ENR, Bruce Buckley pointed to poor management of available resources. The Washington Post opined that the found money was nice, but that accurately, "this money is a drop in the bucket and will hardly make a dent in Virginia's long-term transportation needs."

We have already written about Virginia's regional delays in spending stimulus transportation funding, and also in more detail at the here. Having a sense of urgency to create jobs seems self evident. The VDOT audit points to federal data that for each $100 million spent on highway construction and maintenance projects, 3,000 jobs are created or supported, $250 million in economic activity is generated and $7.2 million in state revenues is created.

I had an initial impulse to condemn VDOT. On reflection, I think the Northern Virginia Transportation Alliance has it right in its quote of the audits "final thoughts" in a recent NVTA e-mail blast:

In order to put the challenges facing the (Virginia) Department (of Transportation) over the last couple years in perspective, both external and internal events need to be considered. First, the Department had to deal with (an) unprecedented drop in revenues, requiring a number of mid-term adjustments that cut billions out of the six-year capital budget, and a painful downsizing and reorganization. Second, in the middle of the downsizing effort, the Department received $650 million in new federal funding with a short turnaround time (to invest). Finally, there have been seven changes in leadership at the Commissioner level over the past 12 years, each with its own set of strategic priorities.

Maybe asking VDOT to dump tons of people and revenues only to follow that demand by insisting they spend piles of money instantly was just a little too much. Still, $900 million unspent dollars amounts to 27,000 very badly needed construction sector jobs, so let's get it done!

This article is copyrighted 2010 by the Washington Business Journal, used by permission and originally posted here.

Stormwater Regulations: Biggest Development Impediment You Have Never Heard Of

The Environmental Protection Agency is in the process of developing proposed national rulemaking to strengthen its stormwater program. The proposed rulemaking, which was previously announced in the Federal Register on Dec. 28, 2009, could dramatically alter the playing field for development of all types.

This is particularly true in the D.C. region given its placement in the Chesapeake Bay watershed. The EPA has recently proposed sediment limits for the Chesapeake Bay in addition to previously issued limits for nitrogen and phosphorous.

I previously commented on the Bean Kinney law blog regarding Virginia’s efforts to regulate stormwater impacts from development, the resulting pushback and modification of those regulations, and the eventual tabling of those regulations in the wake of the election of Gov. Bob McDonnell. Others have noted that the EPA efforts appear to go far beyond the limited regulatory changes proposed and dropped by Virginia.

Chesapeake Bay WatershedSupporting developers in their efforts to combat tightening run-off regulations may feel a bit like suing Santa Claus to many, but this regulation could be extremely expensive and burdensome. Some very conscientious builders have indicated to me that the regulations do little if anything to attack primary nitrogen sources, such as air pollution from vehicles, agriculture, or fertilizers used by existing home owners.

As a LEED AP and father of two young children, I am definitely a believer in sustainability in development and construction but a balanced approach is important as is the economy. The building industry is a very easy regulatory punching bag for what is a truly systemic problem.

Commercial developments certified by U.S. Green Building Council under the LEED program may already be subject to some of the requirements to use best practices to minimize construction erosion or even to improve storm water quantity or quality. Some urban localities pay more attention to storm water management issues.

Even so, commercial developers, builders, site work contractors, property owners and the public should study this issue carefully. A dramatic change in stormwater regulations could have very significant cost impacts to the development industry. The regulations will hit an important economic segment that is already beaten down. Worse still, the regulations will hit a market that is very soft and arguably unable to absorb and pass on additional expenses to eventual purchasers or tenants. Interested parties should definitely speak up on this issue early, regularly and often to pass along their points of view.

This article is copyrighted 2010 by the Washington Business Journal, used by permission and originally posted here.

PS - as an interesting post-script, I received an update from ABC this morning that EPA has apparently been forced to make changes in its Effluent Guidelines Limitations in the context of pending litigation.  This story is going to continue to resonate and we will provide updates and the change to comment as received.

Washington Business Journal - First Post on Stimulus Funding is Live

We are very enthused to announce that I have been asked to regularly post as a guest blogger with the Washington Business Journal.  WBJ is one of our very favorite sources of information, news and commentary regarding business, law and real estate.  The guest blog spots will be weekly and part of their Biz Beat page alongside posts by WBJ reporters.  Our initial post is an expansion of our previous discussions regarding how little stimulus funding for transportation has actually been spent.

We have a very high regard for WBJ and follow numerous WBJ reporters on twitter and publisher Alex Orfinger.  We regard being invited to serve in this capacity by the go-to information source as quite an honor.  For those not familiar or not as focused on the WBJ's offerings, we strongly recommend not only their print subscription, but signing up for their daily e-mail news alerts which contain critical updates for the business community.  We will keep everyone posted on further developments on this front here and invite you to check out the Biz Beat blog!