Time for Georgia's "Balancing Law" to hit the highway

As with many things that government does, laws with good intentions often have very bad consequences. Such was the case of Georgia’s “Balancing Law” – the law which requires that equal amounts of Georgia Department of Transportation’s budget be spent equally among the states 13 congressional districts.

Taking a look at Georgia’s congressional district map, you can quickly see how absurd and bizarre a situation this creates. Each district has a quota, and once that quota is met, no more projects for that district, unless the project is able to negotiate the State’s waiver provisions.

Here is an interesting PowerPoint presentation that was given at the DOT’s board meeting in September. According to the minutes of the meeting, the following took place:

Earl Mahfuz, Assistant Treasurer, gave a presentation on Congressional District Balancing, which included the history of congressional district balancing; the Georgia Code on congressional district balancing and hurdles to successful balancing by congressional districts; SB 57 funding by 11 congressional districts; HB 1553 funding by 11 and 13 congressional districts and SB 4 funding by 13 congressional districts. Earl Mahfuz also stated that congressional district balancing has been practiced since 1999 and does not work.

Chris Tomlinson, General Counsel, gave a presentation on Congressional District Balancing Statutory Waiver Provisions, which included various waivers regarding congressional balancing. There was some discussion regarding waivers. Chairman Kuhlke stated that the Board will not be taking any action regarding congressional balancing at this time.

It’s not shocking that they wouldn’t take any action regarding the law – there is far too much politics involved. And too much money.

Metro-Atlanta is represented by districts 4, 5, 6, 7 and 13. Very small portions of 9 and 11 also touch the outer portions of metro Atlanta. That means that, at best, metro Atlanta would be in line for just around 50% of the funding for all of Georgia for DOT projects. This comes on the heels of the DOT submitting a list of projects to President-elect Obama for his economic stimulus package of which 80 percent are in metro Atlanta.

In fact, the law is so bad that Georgia may have to pass on projects in metro Atlanta that it might otherwise get funded.

“We don’t have a congressionally balanced 180-day list,” state Commissioner of Transportation Gena Evans told the board. “It’s a question of readiness versus need.”
…
“It’s a very difficult law to comply with,” said board Vice Chairman Larry Walker of Perry. “Rather than continuing to curse this law, maybe we should try to amend it.”

And that’s a pretty different tune that Mr. Walker is singing these days. Back in November, Mr. Walker wasn’t nearly as enthusiastic about changing the law. A report came out saying that the balancing law, including the Governor’s Road Improvement Program, had outlived its usefulness.

“We made a commitment on those roads,” said board member Larry Walker of Perry, Ga., also a former longtime House majority leader back when Democrats controlled the chamber. “I don’t take lightly backing down on that commitment.”

I guess he doesn’t like backing down on a commitment when real federal dollars are at stake. Further, State Senator George Hooks of Americus had this to say.

“You’re guaranteed that you’ll leave a large part of the geographic landscape of Georgia barren.”

Perhaps some of the Georgia landscape should be barren. If there’s no market for business there, then there’s no need to build roads there – right now. The money would be better spent where it’s needed now rather than in the middle of nowhere in the hopes that something will follow. It won’t. It’s time to end the balancing law and prioritize the projects by need, regardless of their location.