Thursday, December 20, 2018

It's getting better all the time

I've got to admit it's getting better (Better)
A little better all the time (It can't get no worse)
I have to admit it's getting better (Better)
It's getting better


~The Beatles, "Getting Better All the Time"


If Governor Ralph Northam’s address this week to the Joint Money Committees, still chaired by members of the opposite party, was a Beatles song, it would have started with “You have to admit it’s getting better, a little better all the time.”

In fact, the 2019 General Assembly Session presents a once in a lifetime opportunity to make significant investments for Virginia’s long-term success including in education, broadband access, affordable housing, and protecting our natural resources. And it can be done while shoring up our reserves, preserving our AAA bond rating and providing targeted tax relief.

So, where is this money coming from?

Virginia is on positive financial footing resulting in better revenues than anticipated and all indicators suggest that these positive economic trends should continue. This, coupled with a few other things happening this year, creates an opportunity to adopt a budget that truly reflects our priorities.

Governor's Proposed Budget Amendments for 2018-2020

Internet Sales Tax

State Governments are now able to charge and collect sales tax on all internet sales, regardless of whether online merchants have a physical presence in the Commonwealth. Given the amount of conversation surrounding the internet sales tax, this is something that we all expect to address this session.

Federal Tax Conformity

The Governor’s budget assumes that, as in previous years, the General Assembly will conform to changes in the federal tax code. Conformity is usually a routine, straightforward action that comes before any conversation we have on tax policy. Because of the changes to the standard deduction, fewer Virginians will itemize on their state income tax returns. So, while the total tax burden for many in our area will decrease, Virginia’s income tax receipts are expected to rise.

Earned Income Tax Credit Refundability

The Trump tax cuts are mainly benefiting high earners and corporations – that’s why Governor Northam proposes targeted tax relief that will let working Virginians in every locality and every region keep more of their paychecks. $216.3 million (one time, sunsets with Trump tax cuts) will make the Earned Income Tax fully refundable, which will provide an estimated 600,000 working Virginians with targeted tax relief.

Teacher Pay

Every child in the Commonwealth deserves access to a world-class education. To compete with other states on attracting and retaining the best teaching talent, the Governor proposes adding $88 million to provide teachers a long overdue 5% raise effective July 2019. Another $80 million in one-time revenues will go toward state aid for school construction through low-interest loans and $70 million will be added to support high-needs students and supplement general aid on a per pupil basis.

Student Health and School Safety

Virginia is a nationally-recognized leader on school safety, but we need to take a more holistic approach when it comes to creating a safe learning environment for our students. $36 million will fund additional school counselors, the first-installment of a three-year, phased strategy to hire enough school counselors to reduce caseloads to 1:250 across all grade bands, the nationally-recognized best practice.

Higher Education Affordability

Although Virginia’s public higher education system is top-ranked and well-regarded, having best-in-the-nation colleges and universities won’t mean much if our students can’t afford to attend them. More than $20 million will go to additional need-based financial aid for public colleges and universities and the Tuition Assistance Grant Program.

Higher education institutions will also be required to develop tuition predictability plans for in-state undergraduates, outlining the expected cost of tuition and fees for at least three years.

Affordable Housing

Virginia families should be able to count on stable housing. The Housing Trust Fund, which supports local and regional efforts to address housing affordability would get an additional $16 million with $2.6 million going for expanded legal assistance for Virginians facing eviction proceedings.

Energy and Environmental Protection


The Governor proposes investments to improve water quality and to protect the progress we’ve made on restoring the Chesapeake Bay. This means $90 million to fund technical assistance for eligible farmers to prevent pollution from farm runoff and $50 million (one-time) to the Stormwater Local Assistance Fund to help urban and suburban areas reduce pollution coming off impervious surfaces.

Infrastructure

Reliable, safe infrastructure is critical to our economy and quality of life. $75 million (one-time) will go to the Virginia Transportation Infrastructure bank to help fund infrastructure projects across the Commonwealth. $20 million (one-time) to develop build-ready sites, furthering Virginia’s ability to compete for large manufacturing companies.

You can review the Governor’s complete proposed budget here.

Thursday, November 15, 2018

2018 Election & The Blue Wave

Election night 2018 reminded me a lot of Election night 2017, only on a larger scale. In Virginia we love elections so much we have them every year, and so in 2017 we were the first place in the country to hold elections during the Trump presidency. Democrats did remarkably well, exceeding all but the loftiest of expectations, picking up an apparent 16 seats in the House of Delegates and being within a literal handful of votes (10 one for each finger) of picking up a 17th. The high didn’t last long though, as we learned that a transposition in recording the votes in the 40th led to an erroneous result there.

For weeks, while we awaited the outcome of the recount, it was hard to be excited about all we had won. Everything was focused on the one’s that got away, the places where we were so close.

Eventually, it started to dawn on us how big a day we really had, and how powerful we could be with 49 votes in the Virginia House of Delegates. Even if it wasn’t yet a majority with 51.

In 2018, its easy to focus on the fact that Republicans maintained control of the Senate, and view the evening as disappointing, the Blue Wave crashing made its way all the way to shore.

As more data comes in, though, the news looks better than we maybe felt about it on election night.

Democrats flipped 8 state legislatures, 372 legislative seats, and almost 40 Congressional House seats. We broke Republican supermajorities in 3 states and made significant gains in 7 other states. And just like this time last year, there are ballots still being counted and potential recounts, ongoing.

What does that portend for the year to come?

A lot of what happens in Richmond during our upcoming session will depend on how the state’s political parties read and react to the results of our midterm elections.

When you breakdown the statewide vote by legislative district, many Virginia Republican legislators find they now represent districts where a sizable majority of their constituents voted for Tim Kaine for US Senate and Jennifer Wexton, or Abigail Spanberger, or Elaine Luria for Congress.

Knowing that, how will they react? Will they try to moderate some of their positions, distancing themselves from the president and the National Republican Brand?

One of the first tests will be how the leadership of the Virginia House and Senate decides to deal with the Equal Rights Amendment. Virginia has the chance to be the 38th state to pass ERA legislation – putting us over the 75 percent threshold required to amend the US Constitution. Will the GOP Speaker of the House allow the bill to emerge from committee for a vote on the floor?

Will members of the majority view the defeat of Barbara Comstock, the NRAs highest funded member of congress, as a cautionary tale? Will they finally work with us to pass meaningful gun violence prevention legislation?

Will watching our former colleague, Scott Taylor, lose in a race where integrity and veracity were major issues, bring legislators to the table to finally have meaningful ethics and campaign finance reform?

Dave Brat, a Tea Party favorite, lost his election as well. Will that embolden those legislators who are more amenable to reaching across the aisle in search of bi-partisan solutions?

Or will the endangered GOP majority look at the results as a different kind of warning, that when participation is this high, Democrats tend to win. Will they double down on their efforts to restrict voting and access to the ballot to hold on to their slim majorities?

As your Delegate here in Falls Church I can tell you that I found Tuesday’s vote affirming. Corey Stewart received less than 16 percent of the Vote in the City of Falls Church.

That tells me you want me to continue to pursue the legislative agenda I’ve been working on for the last five years: making sure full time work pays a living wage for all Virginians, ensuring equal protection under the law for everyone, regardless of who they are, where they come from, or who they love; making Virginia a leader in solar renewable energy, and most importantly to all those goals, increasing voter participation and access.

After all, we have an election every year in Virginia, which means we have an opportunity to push the progressive line every year. In 2019, all 100 House members and 40 Senate members will be up for election. The 2019 General Assembly Session will be a strong tell as to how my conservative colleagues want to move forward – whether it is in the spirit of working together or in towing the party line and supporting the antics of the President.

Friday, October 19, 2018

A rise in hate crimes

Over the last two weeks we’ve seen the best and worst of our Falls Church and Fairfax community. The worst in the ugly, vile painting of 19 swastikas on the Jewish Community Center on Little River Turnpike. And the best in the overwhelmingly positive and supportive response to that incident from the community at large.

Sunday night I had the pleasure of attending a CommUNITY event at the JCC and was moved by the outpouring of support from leaders of other faith communities, statewide elected officials, county leaders from both parties, and community members.

The week prior, upon seeing images of swastikas spray painted on the walls and windows of the Center, I did what so many of us reflexively do when we are moved to speak out, I typed out a Facebook post on my smartphone. In addition to sharing a picture of the graffiti with words of condemnation, I also observed that the President had recently been accused of repeating anti-Semitic tropes about global Jewish financiers, and that the number of anti-Semitic incidents of violence and vandalism had increased substantially since his election.

I also said then, and I repeat it now, that we don’t know who painted these 19 swastikas or why. Nevertheless, sharing those observations in my post apparently hit a nerve with a number of people including many of my own constituents who support the President. They resented any implication that they were somehow responsible for the acts of a still-unknown bad actor, whose motives can currently only be guessed at.

The Anti-Defamation League (ADL), which has catalogued anti-Semitic incidents since 1979, reports that anti-Semitic activity increased 34% in 2016 and by 86% in the first quarter of 2017. Before 2016, the number of incidences had been in decline.

Here in Virginia, there were 6 incidents of anti-Semitism in 2016. By the end of 2017, there had been 34.

Let me be clear. I don’t believe that support for the President makes you anti-Semitic. Nor do I believe the President himself is an anti-Semite. He does, however, have a troubling history of managing to appear to encourage those with extreme views.

Does he do it by design, or is this just part of his aversion to appearing to be “politically correct?” Does it matter?

Let me say it again. I don’t know who vandalized the JCC last Saturday and I don’t know why.

Here is what I do know.

When people watch a man mock a reporter with disabilities on stage; when they listen to him describe whole nationalities as primarily rapists and murderers – with some good people; when whole countries are described as s**tholes; when he calls women dogs, and horse-faced; when you support a leader who differentiates himself from other politicians with an unprecedented, unembarrassed willingness to demonize “the other” and stoke fear and sow division for his own political gain, you don’t get to pretend that the rise in acts of hate - against Jews, Muslims, LGBT friendly congregations, and others - has nothing to do with the poisonous environment those words and acts create.

When you build your coalition by pitting people against one another, by framing your world view as “us” being victimized by “them” - be it in trade, in job creation, or in allocation of government resources - when you frame every argument as a struggle where some are winners and the rest are losers, it’s easy to lose control of who gets to wear which label.

So, what do we do?

Elected officials at every level of government, Democrats and Republicans must continue to swiftly and forcefully condemn these criminal acts of vandalism. We also must not remain silent, or reward those who engage in campaigns to categorize and then divide us – to cast some members of our community as outsiders who don’t belong here. Be they anti-Semitic, anti-Muslim, homophobic, or xenophobic, we can drown out these hateful words and deeds with messages of love and welcoming.

It was great to hear the unanimous voices of support at the JCC this past weekend, clapping and singing together. I think everyone enjoyed listening to Christians, Jews and Muslims, parents and children, Democrats and Republicans, all singing Bob Marley songs together, then tracing our hands and cutting construction paper as part of a collective art project. Symbols of love to obliterate those symbols of hate that had been painted days before.

It really was great and inspiration evening, and yet, as so many of the speaker’s said - we really have to stop meeting like this.

Tuesday, September 25, 2018

VDOT Alert: Lane Closures This Week

I wanted to alert you to a few ramp and lane closures scheduled to occur this week in our area related to construction on I-66.

If you are traveling through these areas at any of the times listed below, please pay attention to on-road signage. All work is weather dependent. Drivers should expect delays and use alternate routes.

Upcoming Lane Closures and Traffic Changes
The following planned lane closures are expected to have significant traffic impacts. All work is subject to change based on weather and schedule. Find the latest information on travel conditions and work zones by visiting 511virginia.org or downloading the Virginia 511 app.
Route 286 (Fairfax County Parkway)
Saturday, September 29th: 9:00 p.m. to 6:00 a.m. 
Three left lanes will be closed to implement long-term lane shifts. Drivers should expect occasional 15-minute stoppages.
Route 123 (Chain Bridge Road) | Oakton | City of Fairfax
I-66 East between Blake Lane & Route 123 (Chain Bridge Road) and I-66 West between Route 123 (Chain Bridge Road) & Route 50
Friday, September 28th: 9:00 p.m. to 9:00 a.m.
Three left lanes will be closed on I-66 East and West between 9:00 p.m. and 9:00 a.m. There will be periodic stoppages of traffic for up to 15 minutes between midnight and 4:00 a.m. in both directions on the interstate and on the Route 123 C-D Road to remove overhead utility lines.
Ramp from Route 123 South to I-66 West 
Friday, September 21st: Midnight to 4:00 a.m. (on Sept. 22nd)
Overnight closure of the ramp from southbound Route 123 to westbound I-66, and periodic full stoppages of traffic on Route 123 South for up to 15 minutes between midnight and 4:00 a.m. to remove an overhead gantry and set concrete barrier along previously shifted travel lanes. Traffic will be detoured to the I-66 East exit and ride the ramps to I-66 West.
I-495 (Capital Beltway) | Dunn Loring
I-66 West between Virginia Lane & Gallows Road
Thursday, September 27th: 9:30 p.m. to 5:00 a.m. 
Friday, September 28th: 9:00 p.m. to 9:00 a.m.
Three left lanes will be closed to implement long-term lane shifts. Drivers should expect occasional 15-minute stoppages. Additionally, there will be narrowing and single lane closures on the ramps from the northbound and southbound I-495 General Purpose lanes to I-66 West with occasional 15-minute stoppages.

Friday, August 17, 2018

I-66 Reverse Commute Tolling

As many of us hit the road for August vacations, whether it’s a week at the beach, or a long weekend in the mountains, one of the toughest questions to answer is what time to leave town, to try and avoid spending half your vacation stuck in traffic.

Personally, I like to get up at the crack of dawn on Saturday, skip my normal morning run, and get out before I have too much company on the road.

Unfortunately, when we plan our daily commutes to and from the office, we don’t always have the flexibility to decide to leave at the optimal traffic time. That’s one of the things I’ve certainly heard a lot about since VDOT added congestion-based tolling to the HOV lanes of I-66 inside the beltway and expanded the HOV hours.

It’s also why I supported legislation introduced last session by my colleague, David Bulova, to restore the HOV hours inside the beltway to what they were before we added the tolls. Unfortunately, that bill died.

The good news, though, is we beat back an effort by House Republicans, led by Delegate Tim Hugo, to double the already extended tolling hours on I-66. When I saw their budget language didn’t make it in to the final two year spending plan (thanks to budget conferees like Senator Richard Saslaw, my Senate counterpart representing Falls Church), I thought that was that.

Well, the other thing about late July and August in this region is we often have slow news days for the local TV and radio reporters. That’s the only reason I can think of that this issue got back into the local news cycle a few weeks ago.

You may have seen or heard recent television news reports, and most recently a question to the Governor on WTOP’s Ask The Governor, about whether there are still plans to implement tolling on I-66 during reverse commuting off-peak hours at some future date.

When I saw these reports hitting the airwaves again, I reached out to Virginia Secretary of Transportation Shannon Valentine, a Ralph Northam appointee. I shared with her our community’s concerns about the persistence of these rumors. The expansion of the HOV hours and shockingly high level the Congestion Based Pricing “option” often hits have had the unfortunate effect of limiting transportation options for many of my constituents. Doubling the hours and charging people who made a strategic decision to live and work so that they could go against the rush hour traffic is simply unacceptable, and I let her know it.

Secretary Valentine responded promptly to my letter with a phone call. We discussed my concerns on your behalf.

She was very clear that doubling tolling hours on I-66 inside the beltway by adding tolls to already existing capacity is not on Governor Northam’s agenda nor is it something that VDOT intends to move forward with.

I look forward to working with Secretary Valentine and the Northam administration to find practical, effective transportation solutions that do not create a two-tiered transportation network in Northern Virginia - with fast lanes only for those who can afford to pay $15 -$40 a day.

To get the most accurate information and news about I-66 projects and tolling measures, outside.transform66.org remains a great source. You can sign up for their e-news or visit their social media accounts (@VDOT and facebook.com/VirginiaDOT).

If you have issues or concerns about this or any other state-related issue, you can always contact my office. Hearing from constituents helps me better represent you and ensures that I know what you value the most. I can be reached at DelMSimon@house.virginia.gov and (571) 327-0053.

Thursday, July 19, 2018

New Laws in 2018

July is the month that most of the new laws approved by the General Assembly & signed by the Governor officially become law. However, because many of us have probably been busy watching the World Cup, it’s possible that some of these changes went unnoticed. So let me highlight some of the successful legislation that we worked on in Richmond this past session.

Ever wanted to go to take your dog along to a winery but found that your destination didn’t allow it? Well worry not, your dog can now accompany you on those winery, distillery, or brewery events so long as you don’t take them into the areas used for the manufacturing of food products. No more last-minute searches for dog sitters!

Have you ever read the research on the benefits of using CBD oil and THC-A oil for treatment of certain conditions? Well since March 9, 2018 a practitioner can issue a prescription for the use of CBD oil and THC-A oil for the purposes of treating or alleviating symptoms of a specific diagnosed condition or disease.

Virginia is home to many military and state department families whose careers require them to live in and out of Virginia from time to time. Many spouses have earned professional teaching credentials in other states during their travels, but have difficulty getting their license in Virginia, so we made the process for licensing out-of-state teachers smoother by (i) permitting teachers with valid out-of-state license and full credentials to receive licensure by reciprocity and (ii) by permitting a local school board or division superintendent to waive certain licensure requirements for anyone who holds a provisional license and is employed by the local school board.

Have you been trying to or been thinking about installing solar panels on your property? Well now you can install these panels on your roof or building to serve all your electric or thermal needs. The installation must still comply with any height and setback requirements in the zoning district where the property is located.

Thinking about getting a new license plate? If you would like to show your support for gun violence prevention you can now get a special license plate bearing the legend STOP GUN VIOLENCE. Many of you know this was a bill I carried this year - we were finally able to get it passed because of my constituent, Carol Luten, and her unfailing commitment to getting all the required prepaid applications.

Do you own an all-terrain vehicle, moped, or off-road motorcycle? Then this law may apply to you. Starting October 1, 2018, these types of vehicles will be subject to the motor vehicle sales and use tax. But don’t worry - if the Virginia retail sales tax has already been paid on a vehicle, it is exempt from motor vehicle sales tax.

If there is ever an emergency when you need to contact 9-1-1 but can’t make a phone call, by July 1, 2020 each public safety answering point will be required to be able to receive and process calls for assistance sent via text message.

Driving can be dangerous, especially when there are individuals using their phones instead of giving their full attention to the road. To promote the safety of our workers on highway work zones, there is now a mandatory fine of $250 for those seen using their phones while driving in these areas.

Finally, we all know the difficulties in getting a higher education. With the law we just passed, the Virginia Community College System will be required to develop a 15-credit-hour Passport Program and a 30-credit-hour Uniform Certificate of General Studies Program that can be offered at each community college for which courses are transferable. Along with the previous change, the law also requires that each college or university develop a pathway map that clearly outlines the courses that a community college student is encouraged to take before transferring to a college or university. These changes will make it easier to pursue a higher education within the Commonwealth.

The Division Legislative Services (DLS) prepares a summary of these new laws called In Due Course. While I’ve only highlighted a few relevant pieces of legislation, the full summary from DLS can be found here.

If you have questions about this legislation or if you have ideas for something I can introduce during the next General Assembly Session, please contact my office at (571) 327-0053 or delmsimon@house.virginia.gov.

Thursday, June 21, 2018

What's Next?

What’s next?

Now that the Virginia General Assembly passed a budget that expands Medicaid in Virginia, and the Governor has signed it, what will be the next defining battle between partisans in an extremely narrowly divided General Assembly?

That’s the question I’ve been getting most lately.

The conversation usually starts with a “thank you” for all your hard work these last five sessions working to close the coverage gap and provide health care for 400,000 Virginians. Or sometimes a simple “congratulations.”

When I hear that one, I sometimes have to remind myself we just accomplished something really, really consequential this year. It took years of grassroots activists and organizations lobbying General Assembly members with thousands upon thousands of phone calls, emails, and letters plus rallies, parades, and “die-ins” to make this happen. Passing Medicaid expansion was huge.

So, what is next?

Gun reform? Not likely. Not with the current make-up of the General Assembly, where Republicans still do hold the majority (albeit by the narrowest of margins) in both houses. This year they made a point of hearing every single piece of common sense gun violence prevention legislation on the new Governor’s first day in office. The promptly killed every last one before he could even give his first address to the joint assembly of the House and Senate.

Redistricting reform? Perhaps, although the devil continues to be in the details. I think partisans on both sides probably want to see what the outcome of the 2019 elections look like before they commit to a particular approach.

Campaign finance reform? Also a possibility. I reintroduce a version of my bill to prohibit using campaign funds for personal use every year. This past session was the closest we ever got to forming a compromise version of the bill. In the end, my conservative colleagues chose to abandon the effort, but there is hope for next year.

There were other areas of compromise, in addition to Medicaid Expansion, though, that give me reason for hope that more can be accomplished in the area of criminal justice reform.

We raised the felony threshold for larceny, for instance, from $200 where it had languished for decades, to $500 in 2018. While not as far as some would have liked, we did more than double it.

We also passed legislation to limit long term suspensions and began to address issues that lead to a “school to prison pipeline” in some parts of Virginia. The legislation is a good first step, and also an acknowledgement of the problem and the need for solutions.

Some issues can be addressed without any legislative involvement. One such issue is the prevalent use of cash bail, which results in a dual track justice system for rich and poor. The result is that those who are poor are incarcerated without being convicted of any crime at an alarming rate.

Last month, the newly minted Prince William Delegation sent a letter to Prince William County Commonwealth’s Attorney (and fellow Democrat elected official), Paul Ebert, asking him to create a pretrial release system that is based on the defendant's perceived public safety and flight risk rather than the defendant's ability to pay.

Our Fairfax County and Arlington County Commonwealth’s Attorneys were both also elected after campaigning and running as Democrats. Perhaps activists looking for the next good fight to engage in should reach out to their elected CAs and ask them to address this issue in the same manner.

So, really the question of what’s next could be many things and isn’t necessarily relegated to the General Assembly passing specific legislation. This is partly why it is so important that the grassroots advocacy groups that came about in the past few years remain active. Your voices were heard on Medicaid expansion. And I have no doubt that your voices will be heard on a few more critical issues in the years to come.

Have another idea on what we should tackle next? I’d love to hear from you. My office can be reached at (571) 327-0053 or delmsimon@house.virginia.gov.