Crisis gives legislature 3 big chances to create jobs

There are three changes to the state constitution that could help build job opportunities just when we need it the most. Business, environmentalists, and labor all could support the amendments.

Washington state capitol: cutting season.

Cacophony/Wikimedia Commons

Washington state capitol: cutting season.

Much has been made about the seismic shift that happened in the most recent election. If you take much of the coverage at face value, even while Washington re-elected Patty Murray, the state's progressives are in for at least two years of hibernation.

I've never really like the term "progressive," but taken at its face value it essentially means people in favor of progress. I think with almost 10 percent unemployment and a still stumbling economy, we're all progressives now. Are there ideas that business, labor, and environmentalists can agree on? How about amending the Washington State constitution to free up public credit, allow local governments to use Tax Increment Financing (TIF), and allow funds generated from taxing cars and gasoline to pay for transit.

The first question that may be crossing your mind is, "What is he talking about?" And if you know what each of these proposals actually does you are almost certain to be saying, “That's never going to happen." So first let me explain the three ideas for changing the constitution, the document that functions as the state’s operating system, and then why I think next legislative session is an ideal time for three erstwhile enemies to come together to make them happen.

The first idea is to change Article VIII, section 7 of the constitution, which prevents local government from loaning — with some narrow exceptions — "its money, or credit to or in aid of any individual, association, company or corporation." This prohibition came about in Washington and Oregon because, prior to statehood, some local governments had loaned their credit, essentially co-signing for big loans, to railroads, who promised big returns in exchange for backing up their huge capital expenses. Instead, the railroads went broke, leaving local governments without a railroad but with a huge bill to pay.

More than a century later local governments can't stoke local economic development by lowering the cost of capital expenditures for a business that wants to locate in the state or for homeowners who want to make energy efficiencies in their home. Oregon fixed this problem in their constitution 30 years ago. Washington needs to do the same to support economic development and energy efficiency in commercial and residential buildings, among other things.

The second idea would be to allow local government the ability to sell bonds to make large scale infrastructure improvements to support compact urban development. Tax Increment Financing (TIF) is something that every other state in the union has, with the exception of Arizona. It allows the repayment of the debt with increased tax assessments that come when new development improves the value of the underlying property.

A city would sell bonds, build roads, drainage, parks, and other infrastructure in an otherwise undeveloped area. When housing and new commercial development get developed in that area the value of the property goes up incrementally, and that incremental increase gets used to pay for the bonds used to pay for the new development. Currently the this practice is severely limited in Washington because the incremental increase in the state portion of the property tax can’t be used for debt service because it would conflict with the constitutional requirement that those funds be used only for education.

The third idea — repealing the 18th amendment of the Washington constitution — was articulated in Crosscut recently by Jordan Royer. Currently, the constitution doesn't allow taxes collected from licensing cars and the sale of gasoline to be used for anything other than highway use. Loosening this constraint would allow those funds to be spent on other purposes other than highway widening, for example, and instead be put toward the further development of light rail in the region and local and regional bus service, and improvements to bike and pedestrian infrastructure. If the state is truly going to reduce vehicle miles traveled (VMT), should it really be investing all of its transportation money only in highways? Diversifying the portfolio of projects those funds would give the state more flexibility to invest in transportation alternatives and transit oriented development.

Business and labor can get behind each of these because the changes would create immediate jobs and build huge opportunities to increase the state's competitiveness for much-needed jobs for the future. Environmentalists have been pushing for years for more support for compact communities and transit oriented development, which would be far easier to accomplish if local government could use its credit and debt capacity to support infrastructure and amenities for new growth. And cities and counties could back lots of small loans to homeowners and small business owners who want to make money-saving energy efficiency upgrades to their homes and buildings but can't because of the high capital costs. Those efficiencies can also create jobs in the energy service sector while also reducing energy use and associated carbon dioxide emissions.

But here's the reason why it makes a lot of sense to do this now: the state is broke. The legislature is in an all-cuts mode. There is no money to spend on new initiatives; stimulus money is running out; and existing economic development and social service programs are facing big cuts.

The state has no choice in these times but to give local government and itself more flexibility. The prohibitions on the use of public credit and on tax increment financing tie local governments' hands, preventing innovative financing for large scale economic development that creates sustainable jobs. Limiting car-related taxes and fees to highway projects also limits the state's ability to target the money toward more sustainable solutions that encourage livable, walkable communities.

That's the constitutional trifecta that can and should bind together three of the state's leading lobbies. It won’t be easy. But the constitution has been amended more than 100 times — about one amendment per year since the document was ratified — and there isn't any reason to think that it can't be done again in the name of jobs and sustainability.

You might be thinking “even if these get the two-thirds vote of the legislature, the voters will never support these big changes.” If we don’t get them in the front of the legislature, we'll never know what the voters think. And starting now with the discussion and the debate of the implications in the legislature of these changes will go a long way toward educating the public on why these measures would give their local governments more flexibility to address local problems.


About the Author

Roger Valdez is a Seattle researcher and writer. He recently read through Seattle's land use code and blogged about it. He currently directs housing programs at a local non-profit.

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Comments:

Posted Fri, Dec 3, 7:57 a.m. Inappropriate

No, no and no. Special-interest non-profit advocacy groups - such as Sightline Instittue (to which the author belongs) - have been whispering good ideas in our elected officials ears for WAY too long. Rather than amend the constitution to allow these leeches even more access to the community chest we should call for an end to the 501(c)(3) section of the tax code and launch a full investigation/discussion of the true effect so many non-profit advocacy groups are having on public budgets.

Further, Roger, I watched you advocate for referendum 52 on Inside Olympia. I got the distinct impression you were lying to the public. Here is a link should anyone care to judge for themselves.

http://www.tvw.org/media/mediaplayer.cfm?evid=2010090081&TYPE;=V&CFID;=790675&CFTOKEN;=56977002&bhcp;=1

BlueLight

Posted Fri, Dec 3, 8:33 a.m. Inappropriate

The reasons for the prohibition on the loaning of the state's (local government) credit are as valid today as they were 100+ years ago. Washington state has tools to attract or retain business through tax breaks and investments in infrastructure. I see no reason to go further and lend the public's credit and expose tax payers to further risk. As for tax increment financing (TIF), there's a significant downside, which is why most local government's have not pursued it in Washington. The increased tax dollars that go to repay the debt are not available for education or local services like police, fire, or maintenance of roads, etc. New development - housing or commercial - requires increased services. TIF is no panacea.

SteveC

Posted Fri, Dec 3, 8:35 a.m. Inappropriate

This is where the Left and Right totally agree. No, No and NO!

"A city would sell bonds, build roads, drainage, parks, and other infrastructure in an otherwise undeveloped area"

"undeveloped areas" .... like Potholes? Just what land is "undeveloped". Or did you mean farm land, or forests?

GaryP

Posted Fri, Dec 3, 9:05 a.m. Inappropriate

"More than a century later local governments can't stoke local economic development by lowering the cost of capital expenditures for a business that wants to locate in the state or for homeowners who want to make energy efficiencies in their home."

Funny, I'd have worded this statement a little differently:

More than a century later local governments are still prevented from shoveling taxpayer dollars to cronies with political pull and rewarding their constituents with make-work jobs by squandering hard-earned income taken from others at the point of a gun.

There, that's better.

dbreneman

Posted Fri, Dec 3, 11:26 a.m. Inappropriate

I do think that these are generally good ideas, but one comment about repealing the 18th amendment. As it stands now, only a portion of funding for highways comes from car licensing fees and gasoline taxes, and much comes from other sources. I have a dislike for dedicated revenue streams in general, as they tend to be arbitrary restrictions that create inefficiency, but in the case of the 18th amendment, the practical effect of repeal would be minimal.

Posted Fri, Dec 3, 11:58 a.m. Inappropriate

Let’s not rush to judgment. The author’s right about the need to look for ways to boost the state’s economy. So there’s nothing wrong with discussing the ideas he has suggested, even if they’ve been rejected previously. With one important caveat: there needs to be a thorough analysis of the pros and cons, a review of past efforts, and a look at other available opportunities and policies that may be just as good or better.

For example, on tax increment financing, a previous commentator reminds us that one big downside is that it captures tax increments (increased property tax revenues) that are not available to other local needs. This has been a major argument against TIF which has been rejected, I believe, three times. The last time in 1985, HJR 23 lost 59-41. All counties rejected it, including King. The state currently has four limited TIF programs available to local governments, including one for “Community Revitalization.” These presumably have passed constitutional muster. Are they not working?

And the Constitution does permit municipal electrical utilities and PUDs to finance energy conservation. That amendment (No. 86) passed in 1989. Can I get a loan from Seattle City Light to insulate? Not sure.

Repeal the 18th Amendment? It might allow for a more flexible use of available transportation funds. But it won’t fix the current and long-range problem: insufficient monies to repair our crumbling streets and roads and operate the existing bus transit system.

Posted Fri, Dec 3, 12:08 p.m. Inappropriate

Roger, love ya bro. I like that you are oh so consistent, since I first met you at WSSDA, when it was explained when I asked why we hired this guy, that "you were hired because we needed a real lib to work with that side of the aisle".

All the commenters are right, thanks for the electrons, but NO, NO and NO to your ideas.

All are cheap ploys to have sound-good ideas implemented just to raise taxes.

Like transit does not get enough of our hard earned tax money? It is over 2% of the 10% sales tax where I live. Plus, half of road projects money goes for transit and environment, from gas tax money already.

And loaning credit? Geez, we have a superior offer already, with a very educated workforce, so why should be have to do gimmes to attract business?

Nope, always nice to engage and debate, but Roger, you are wrong on all counts.

The Geezer

Geezer

Posted Fri, Dec 3, 12:17 p.m. Inappropriate

I can't get too excited about TIF, Roger. As I understand it in principle, it's a means to fund public capital improvements which stimulate private tax-paying development. In other words, it stimulates private development that would not be there BUT FOR the public improvements. It's the But For that's important here.

A number of years ago, the City of Seattle planned a TIF demonstration project in Belltown. I believe the public project was street improvements, but City officials drew the TIF district boundaries carefully to include a number of private projects that were already committed or under construction! They were proposing to divert tax revenues from already-committed private projects to the City's own use and take revenues away from all the other taxing districts that would've gotten a share.

There was no But For in the City's calculus. It was a cynical and manipulative revenue grab.

If TIF has any future in Washington, the But For has to be written into the enabling legislation, to make sure that TIF district boundaries include only land with no committed development projects.

Posted Fri, Dec 3, 12:18 p.m. Inappropriate

"It was a cynical and manipulative revenue grab."

As is this.

BlueLight

Posted Fri, Dec 3, 3:12 p.m. Inappropriate

Legislatures and government do not create jobs. They suck the life energy out of private sector business and are tax hogs.

animalal

Posted Fri, Dec 3, 4:21 p.m. Inappropriate

Please understand that Tax Increment Financing, does not, I repeat DOES NOT, work in a budget-based property tax system like Washington State. Increased assessed values do not, I repeat DO NOT, increase revenues to a taxing district or entity to pay off the bonds. New construction does creat new revenues, but you would have to build a new CBD ($500 MILLION in new construction each year for 20 years) for debt service on a $10 million, 5%, 20 year bond.

RSNoble

Posted Fri, Dec 3, 4:35 p.m. Inappropriate

... there's nothing wrong with discussing the ideas he has suggested, even if they’ve been rejected previously. With one "important caveat: there needs to be a thorough analysis of the pros and cons,..."

unless you are Mayor McG.

LOL

afreeman

Posted Fri, Dec 3, 5:20 p.m. Inappropriate

Mr. Noble is indeed correct. Tax Increment Financing does not work in a budget-based property tax system because new projects don't contribute much to the property tax base. What TIF would do in Washington is snag general fund revenues that could otherwise be spent on libraries, roads, police, human services, etc. and earmark that money over a period of years to pay for goodies for developers. Not terribly "progressive," huh Roger?

Mannix

Posted Fri, Dec 3, 10:31 p.m. Inappropriate

Yes Roger that's exactly what I wish govt would do. Take money out of much needed road projects and give it to mass transit which hasnt done shit to clear up road congestion.

hlongan

Posted Sat, Dec 4, 9:01 a.m. Inappropriate

The Puget Sound Region's mass transportation plan is not supposed to clear up congestion. Its purpose it to make owning a motor vehicle as painful as possible. Once you understand that, it all makes sense.

dbreneman

Posted Sun, Dec 5, 9:19 p.m. Inappropriate

I always enjoy dbreneman.

"The Puget Sound Region's mass transportation plan is not supposed to clear up congestion. Its purpose it to make owning a motor vehicle as painful as possible. Once you understand that, it all makes sense."

And I'm going to keep owning cars. When the first flying car comes out, I'll buy one of those also.

Posted Mon, Dec 6, 9:57 a.m. Inappropriate

Wilbur wrote: "voters have already approved ~$20 billion for Sound Transit".

Wow – Wilbur forgot to mention the financing costs! Talk about somebody with their head stuck in the sand . . ..

To fully appreciate what a lousy job of managing public resources the government managers here are doing you need to compare the tax costs to the people in Portland for their bus and train services to what’s going on here. Take note Wilbur!

People here and in Portland wanted trains and buses, and two different financing schemes were used. The government managers in Olympia and Seattle selected the "hammer poor people and the economy unnecessarily" model.

There is no good reason for the following discrepancies between how it’s done here vs. how TriMet pays for buses and trains. Below is a "fact sheet" document that lays it all out re: how TriMet pays for its light rail. The light rail in Portland has come on line gradually, and federal funds covered a lot of the costs. A public/private partnership was used recently for an extension. Here though they pile on regressive sales taxes, and do not use much grant money.

Apparently less than 10% of the $100 billion financing plan for the $18 billion in capital spending ST is launching into would be grant money - a FAR lower percentage than its peers. Get that Wilbur? We’ve got a financing plan for the ST capital projects that will require about $100 billion of public money, the vast majority of which (about $85 billion) will come from regressive tax collections. Get your facts straight!

The following describes how TriMet finances its top-quality bus system (along with better light rail construction and operations than what we have):

http://www.trimet.org/pdfs/publications/factsheet.pdf .

TriMet never has imposed regressive taxes targeting people and individuals. Metro and ST sure do. Here are three differences between here and what goes on around Portland that the folks in Vancouver should consider:

- Progressive taxing of businesses there vs. heavy regressive taxing targeting families and individuals here.

- A couple of billion dollars of a reasonable mix of federal grant money and progressive tax revenues used to build out a 50-some mile light rail system there vs. a $100 billion mostly-regressive local tax revenue package to pay for the same number of miles of track, and fewer stations here.

- $0 direct regressive taxing targeting individuals and families for bus and train service there vs. $455 per year direct regressive taxing on the average family for bus and train service here, and that amount will grow every year for decades.

Hey, our government managers blow! They like harming people financially in the name of transit. Metro, Sound Transit, and the transit governments in Pierce and Snohomish counties expect to haul in something on the order of $1.3 billion in local tax revenue this year, the vast majority of which will be sales tax revenue. All their peers do a great job providing good bus service and expanding train systems for their people and businesses with far less annual local tax revenue:

- TriMet (Portland) - $233 million;

- DART (Dallas/Fort Worth) - $385 million;

- San Diego Metropolitan Transit System - $100 million; and

- RTID (Denver) - $241 million.

There is no good reason for financing transit the way government managers in Olympia and Seattle do it. The grossly excessive transit taxing and spending programs here in comparison to peer regions are a big problem. They cause financial harm to people and the local economy.

crossrip

Posted Mon, Dec 6, 1:10 p.m. Inappropriate

Wow. We start out with three ideas to create jobs, and Cross turns it into yet another tiresome diatribe against Sound Transit. Sigh....

Posted Mon, Dec 6, 1:48 p.m. Inappropriate

Tiresome diatribe? One of Valdez' suggestions was diverting even more tax revenue to transit (via repealing 18th Amendment). Look at how much more tax revenue the transit services providers get here than their peers. They should be doing well with less, not need more.

And Wilbur got his facts wrong about the tax costs the local and state political managers put people here on the hook for with their Sound Transit financing plan.

I get it you don't like the subject of the costs of Sound Transit being discussed, R on Beacon Hill. Why don't you try to make yourself useful by contributing something, instead of just whining about what I've posted? Give us an explanation of the discrepancies I've identified. Why do these transit governments Dow and Larry Phillips manage need to confiscate mountains of regressive taxes when none of the peer transit services providers do that? A $100 billion financing plan for this largely-insignificant train system the ST managers want to build out is ABUSIVE - it's to be comprised of exceedingly large sales tax confiscations for the next forty years. NOBODY pays for trains like that.

What is the problem with the government managers around here?

crossrip

Posted Mon, Dec 6, 4:51 p.m. Inappropriate

Yes, tiresome diatribe. You are turning into mukaseyisatyrant or whatever he calls himself. Or perhaps you are he, and this is just another moniker.

Posted Tue, Dec 7, 9:38 p.m. Inappropriate

I appreciate both the article and the vigorous debate it sparked--and several commenters are, I suspect, quite knowledgeable about public finance, whether it's for the purpose of meeting general expenses of government or special projects.

And to me, public finance is the base topic, and one that the electorate has little real knowledge of, other than its/our awareness that various financial transactions and assets are taxed to support the activities of government.

Public finance policies, of course, generate the funds that accomplish the work that We The People supposedly consider, debate, and ratify in the context of (drum roll) the Social Contract. The trouble is, there is no Social Contract in that quaint historical/philosophical/political science vision--which ideally would involve full disclosure of the ENTIRE realm of activities and costs that government pursues, by as many informed and knowledgeable citizens as can be coaxed to participate.

Instead of considering the proper tasks of government, the costs of same, and the marginal public willingness to pay in a unified and rational manner, we tend to present projects, costs, and marginal tax effects in narrow "slices." This mode of presentation prevents global public awareness and appreciation of the big picture, and leads us to decisions that (whether rejection or adoption) aren't tied to long-term principles and decision rules to guide our choices. There is no Social Contract that can be referenced, and in its absence, those who bear the financial burden become more and more cynical.

The two great tools of populist governance, the referendum and the initiative, are unfortunately increasingly used in this "slice" manner--and, presented with these narrow glimpses of a much greater reality, it's the unusual voter who will agree to pay. This whittling process leads us to the point that our elected representatives lack the financial tools to acquit their job, and at some point can be expected to cripple government.

Mine is, of course, a wild rant occasioned by Mr. Valdez's Modest Proposal, and I will now apologize and step down from the box of soap on which I've been standing. But not before thanking "crossrip" for helping me to begin to understand the value of comparative management (i.e., glancing at your neighbors and peers in government to see who has the best practices), which certainly has great appeal.

Seneca

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