I am concerned that the proposed 2010 Transportation Investment Act contains three fatal flaws that the Legislature must fix during the 2012 legislative session if we are serious about relieving traffic congestion and sustaining economic growth in metro Atlanta. Proposed as a 1-cent sales tax to fund $6.14 billion in traffic relief projects in the 10-county metro region, the TIA project list is scheduled for a public vote July 31.
The first fatal flaw of the $6.14 billion TIA is the shaky constitutional ground on which it is based. There was consensus among state leaders in 2008-09 that for the state to fund transportation by region, an amendment to the Georgia Constitution would be required to create multicounty regions that could be bound by a single regional vote. Although TIA sponsors in 2010 argued that an amendment was not required, lead staff attorneys within the Legislature have since issued a written opinion that seriously calls into question the constitutionality of the TIA. Given that the TIA is certain to face a blistering court challenge if it succeeds at the ballot box, the TIA in its current form appears to be in serious jeopardy if its problems are not fixed by the 2012 Legislature.
The second fatal flaw of the TIA is that counties have no provision to opt out of the regional transportation tax. Although a county opt-out provision was supported by 100 percent of House members in the 2009 regional transportation bill, sponsors of the TIA in 2010 successfully blocked a county opt-out provision from even receiving an up/down vote. In addition to preserving self-determination for each county, a county opt-out would prevent counties in strong opposition to the TIA from killing the referendum for counties whose voters supported it.
As it stands today, this is a very real possibility. If Cobb, Cherokee, Fayette and north Fulton voters continue their strong opposition to the TIA, in-town supporters of the Beltline or the $500 million in maintenance funding for MARTA may see their projects effectively killed at the ballot box by voters from outlying metro counties. A strong county opt-out provision is a win/win for all.
The third fatal flaw of the TIA is that the project list does not fulfill the purpose for which the TIA was created. Passed by the Legislature to relieve traffic congestion in metro Atlanta, the heavily Atlanta Regional Commission-influenced project list allocates more than 50 percent of the region’s $6.14 billion to fund transit projects that by objective accounts will do little to relieve traffic congestion. In response to this, many legislators support eliminating fatally unpopular projects such as the $579 million Cumberland light rail line and reallocating these dollars to fund meaningful traffic relief projects, such as the construction of three new reversible lanes on I-75 from Akers Mill Road to Cherokee County.
Given estimates that the 1-percent TIA sales tax will cost each metro household an average of $3,000 over the 10-year period of the tax, the price tag and importance to Georgia demand that we take the time necessary to get the job done right.
Lawmakers must change the TIA this legislative session to put a constitutional amendment on the November 2012 ballot authorizing regional transportation funding with a county opt-out provision; amend the current TIA project list to maximize its impact on traffic congestion; and submit the revised TIA list for approval by the voters in November 2014.
Ed Setzler, R-Acworth, is a member of the House transportation committee and chairman of Cobb County’s legislative delegation.
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