2015 is shaping up to be a very big year across the nation for public policy related to parks and recreation. Three important, existing laws affecting parks and recreation are up for renewal this year, and budget deliberations could result in major impacts. Both the Land and Water Conservation Fund (LWCF) and Child Nutrition Act are scheduled to expire in September and will need to be renewed, and by all indications, the Surface Transportation Act (MAP-21) will run out of money in May without Congressional action.
The partisan political tone on Capitol Hill threatens all of these laws. There is a very real possibility of seeing none of these important laws being renewed, and it is a pretty sure bet that there could be discord and more than a few tense and worrisome standoffs along with the possible suspension of any or all of these programs. Faced with the uncertainty of stable federal funding, state and local government agencies are finding it difficult to plan for projects ranging from bicycle and pedestrian trails to acquiring and developing open space lands, to building communities more resilient to forces of nature, and even providing funds for out-of-school meal programs for underserved youth.
With decision makers on Capitol Hill increasingly unable (or unwilling) to address urgent needs and issues including conservation, transportation and resiliency, states and local governments are stepping up to fill the void. In fact, voters of every political and social demographic group across the country are “voting with their wallets” to tax themselves (or to approve bond measures to borrow funding) to protect public open space and promote multimodal transportation.
Proof can be found by simply looking at the results from the most recent general election of November 2014. Nationwide, more than two dozen state and local ballot questions ranging from State Constitutional Amendments to local taxes and municipal bonds were approved by voters, committing more than $29 billion for public park infrastructure and maintenance, with up to 75 percent voter approval rates. These included statewide measures approved by voters in California, Florida and New Jersey. In addition, the city of Seattle approved creation of a Special Park District, effectively creating a dedicated tax for parks and recreation.
Additionally, as reported by the Center for Transportation Excellence, 69 percent of all transit or multimodal measures were approved by voters this past year, including Rhode Island’s first ever statewide transportation bonds. Voters in Clayton County, Georgia, approved an increase in their local sales tax to join four other Atlanta-area jurisdictions as part of the MARTA public transit system.
The Trust for Public Land reports that voters approved a record $13 billion specifically for land conservation. The following is a simple scorecard illustrating key conservation ballot measures from the November elections, along with a few transportation measures relevant to parks and recreation. We included some landmark victories as well as a few defeats. Each serves as a bellwether of community and state public priorities, which NRPA believes will give elected leaders in Washington the political courage to do the same at the national level.
The measures included:
Statewide
✔ Florida voters (by an overwhelming 3-to-1 margin) approved the single largest state land conservation measure in history. An amendment to the state constitution will dedicate $18 billion during the next 20 years, with half that amount set aside for new land conservation.
✔ The voters of New Jersey (known for their dislike of increased taxes without any perceived public benefit) decided by a 2-to-1 margin to dedicate more than $2 billion during the next 20 years for land conservation, utilizing a portion of the revenues from the state corporate business tax to fund it.
✔ Californians voted in favor of $1.5 billion for land conservation as part of a $7.5 billion water infrastructure bond. It’s the first new state funding specifically for land conservation in almost a decade.
✘ In North Dakota, a proposed state constitutional amendment that would have dedicated 5 percent of the state’s oil extraction tax money to parks and conservation for the next 25 years (approximately $75 million/year) was soundly defeated.
Regional and Local
✔ Portland, Oregon, voters approved a $68 million bond specifically to address the issues of repairing and maintaining their community parks.
✔ In Bernalillo County, New Mexico (Albuquerque area), a 15-year property tax for open space and natural areas passed.
✔ In Larimer County, Colorado (Fort Collins), extension of a 25-year property tax for conservation was approved.
✔ Raleigh, North Carolina, voters approved a $92 million bond for parks and recreation facilities.
✔ In Hopewell Township, New Jersey, a new 1 percent property tax for open space, farmland and recreational purposes was approved.
✘ A 10-year property tax in Benton County, Washington, which was expected to generate $1 million annually for open space, was narrowly defeated 45 percent to 55 percent.
✘ In Los Angeles County, California, a $23 parcel fee to pay for parks and other priorities needed 66 percent of the vote (two-thirds majority) to pass, but only received 62 percent.
Transportation
Transportation advocates are increasingly turning to state efforts to boost funding because Congress has been unable to agree to any major new transportation revenues since the last long-term surface transportation law expired in 2009. The existing 18.4-cent-per-gallon gas tax hasn’t been increased since 1993. Therefore, the Highway Trust Fund — which funds transportation projects ranging from bridges to bike trails — has become exhausted. Instead of long-term reliable funding that comes from a dedicated source of revenue, federal lawmakers have kept money flowing to the states through a series of short-term patches, usually paying for them with general funds. The latest temporary fix expires in May, just as the construction season begins, and there is much uncertainty in the transportation construction world. Even a last-minute deal to keep funds flowing would be problematic because it would not give state agencies enough planning time to start any new projects beyond basic upkeep.
One of the most significant measures at the state level was considered by Massachusetts, where the legislature recently approved a 3-cent increase in the state gas tax for transportation as well as indexing the tax so revenues could keep up with inflation and allow the state to stay on top of its transportation needs. In a vote closely followed by transportation advocates across the nation, voters decided by a small 52 percent majority to repeal the indexing of the gas tax. The vote does not impact the original 3-cent gas tax increase.
A small but vocal minority of both Republicans and Democrats in Washington are showing the courage to publicly speak about the need to increase the federal gas tax, as well as possibly indexing this user fee in order to keep up with the fact that our nation’s infrastructure has fallen behind dozens of competing countries overseas. The calls have grown stronger as gasoline prices plunge toward $2 per gallon. Many legislators think that there has never been a better time for public acceptance.
What does it mean for action on Capitol Hill? We’ll know more by the end of May when MAP-21 expires. Will Congress act in a manner that truly shores up the Highway Trust Fund and allows states to plan their transportation work over time, or will they simply kick the can down the road as they have previously done by passing another short-term six-to-12-month “patch” that does nothing to address the Highway Trust Fund’s ongoing insolvency?
Here are a few takeaways from the election results: Voters seem to be separating their negative feelings for federal programs from their desire to see increasing investments in critical municipal infrastructure at home. While Washington may be caught up in partisan ideology, the public is regularly and repeatedly showing that this divide seems to end in our nation’s capital and that investing in park and recreation infrastructure is, indeed, a critical priority at the community level.
This is a mixed blessing for park and recreation agencies. While agencies may not be able to count on any sort of reliable federal partnership, community recognition of the value of the services and spaces they provide is on the rise, regardless of who and how voters are represented in Washington. Parks, recreation and conservation are not generally subjects that stimulate political rancor, but a dysfunctional Washington has recently proven that it is not quite ready to cease lurching from crisis to crisis. The election results showed resounding support for parks, recreation and land conservation. Our federal elected officials would do well to be mindful of the overwhelming support for this public good.
David Tyahla is NRPA’s Senior Government Affairs Manager.