Wednesday, February 26, 2020

Governor Northam Announces Plans to Protect Migratory Birds

 Governor Ralph Northam today announced a comprehensive approach to address the loss of habitat for colonial nesting birds on the South Island of the Hampton Roads Bridge-Tunnel (HRBT), and create a backstop against the federal government’s failure to protect migratory birds.

The South Island is where construction equipment will be based during expansion of the HRBT, a project critical for reducing congestion and improving safety in eastern Virginia. It is the largest project ever for the Virginia Department of Transportation (VDOT).

The South Island is an artificial island where the bridge transitions to a tunnel. Since the HRBT was constructed in the 1950s, South Island has become the nesting site for as many as 25,000 migratory birds, including terns, gulls, and other colonial nesting species.

Virginia is acting because in 2018, federal officials reinterpreted a longstanding provision of the federal Migratory Bird Treaty Act, passed into law in 1918, to significantly limit the protections it provides for migratory birds. Had this federal policy remained unchanged, it would have protected the birds on South Island.

The plan for migratory birds includes these components:
  • New policy backstop. The Department of Game and Inland Fisheries (DGIF) has initiated the process to develop a regulation to define and permit “incidental take” of migratory birds for major commercial, industrial, and construction projects in the Commonwealth. This rule would make Virginia one of the first states to “backstop” recent federal rollbacks of longstanding migratory bird protections. DGIF will release a discussion draft of the rule for comment in the coming weeks.
  • New habitat for nesting. DGIF will provide habitat for nesting waterbirds by preparing an artificial island adjacent to the HRBT, known as Rip Raps Island (The Department of Conservation and Recreation owns the island, which is also known as Fort Wool.). In addition, DGIF will seek authorization to procure and position barges to provide additional nesting habitat in advance of the upcoming nesting season.
  • Bird management plan. Before construction begins, the HRBT design builder will develop a bird management plan to ensure effective deterrence of nesting and treatment of nests, eggs, and young that may become established on the HRBT’s South Island. The firm will do this in consultation with VDOT and DGIF.
  • Study possible new long-term habitat. DGIF will accelerate its work with the U.S. Army Corps of Engineers to assess the feasibility of creating an artificial island to provide long-term habitat for displaced waterbirds.
  • Restoring habitat after construction. Upon completion of construction, VDOT will restore a portion of nesting habitat on South Island to the maximum extent possible.
  • Ongoing study: Interactions of Infrastructure and Natural Resources. VDOT and Virginia’s Chief Resiliency Officer commissioned the Virginia Institute of Marine Science to study interactions among transportation infrastructure, migratory birds and other wildlife, and climate change in coastal Virginia.

“This plan demonstrates that infrastructure and development can and must be compatible with wildlife conservation,” said Governor Northam. “It also shows that Virginia is stepping up when federal policies change environmental protections.”

“Infrastructure projects succeed when they are built in harmony with all of the Commonwealth’s priorities,” said Secretary of Transportation Shannon Valentine. “Working together here in Virginia, I believe we have found an approach that puts us on a path to success.”

“Virginia is a world class outdoor recreation destination, and the birds using the Atlantic Flyway that stop along our shores are a big reason why,” said Secretary of Natural Resources Matthew J. Strickler. “Protecting wildlife resources is challenging under the best of circumstances and it becomes even harder when federal partners weaken longstanding policies.”

The Office of the Governor and relevant agencies will continue this work and will be prepared to accommodate the birds when they return for the spring 2020 nesting season and beyond. Additional details will be provided soon.

Contracts to expand the HRBT include a fixed completion date of November 1, 2025.

For additional information about the Commonwealth’s plan to protect migratory birds click here.

Monday, February 3, 2020

Governor, Legislators Plan to Improve Driver Safety, Modernize Transportation System

Governor Ralph Northam and legislative leaders today announced support for a comprehensive transportation package that will improve driver and pedestrian safety and modernize funding for transit, rail, and roads.

House Speaker Eileen Filler-Corn and Senate Majority Leader Richard L. Saslaw joined the Governor for the announcement, along with House Transportation Committee Chair Delores McQuinn and Senate Transportation Committee Chair David Marsden. The measures are outlined in House Bill 1414 (Filler-Corn) and Senate Bill 890 (Saslaw).

“Virginians should be able to get to work or to school safely, without sitting in traffic,” said Governor Northam. “This bold package will reduce congestion, transform transit and rail service, and support economic growth across Virginia. I look forward to working with my colleagues in the General Assembly to pass it into law.”

This landmark transportation package will make roads safer by establishing a Virginia Highway Safety Improvement Program and implementing a number of proven safety policies. These measures include prohibiting the use of handheld cell phones while driving, banning open containers of alcohol in vehicles, making failure to wear a seatbelt a primary offense, enhancing speed enforcement, and allowing localities to lower speed limits. Combined, they are expected to save more than 120 lives a year.

“In November, Virginians overwhelmingly demanded we take swift, decisive action that improves their lives,” said Speaker of the House of Delegates Eileen Filler-Corn. “I am excited to work with the Governor and my colleagues in the General Assembly to pass this legislation that will make our roads safer, commutes shorter, and transform passenger and commuter rail in the Commonwealth.”

Despite Virginians driving more than ever, revenues from motor fuel taxes have continued to drop. This legislation modernizes Virginia’s transportation funding model by cutting vehicle registration fees in half, raising the gas tax, and indexing it to inflation. New revenues will build a sustainable transportation system over the next decade and will be distributed through a new streamlined funding mechanism that supports a multimodal network.

“We know we can’t pave our way out of congestion,” said Senate Majority Leader Dick Saslaw. “This bill will ensure we are using taxpayer money efficiently, will save Virginians’ time, and will enhance infrastructure options for moving people and goods throughout the Commonwealth. This measure is long overdue and a much needed path forward to addressing Virginia’s transportation challenges.”

This proposal also includes measures to dramatically transform Virginia’s transit and rail systems. It establishes the Virginia Passenger Rail Authority to promote and expand passenger and commuter rail service across the Commonwealth. In coordination with the Northern Virginia Transportation Commission, the legislation authorizes the use of bonds to assist with the construction of a new rail Long Bridge across the Potomac River, increasing capacity for passenger, commuter and freight trains, and reducing congestion. The package also establishes a Transit Incentive Program, which will promote improved transit service, support regional routes, and reduce barriers to transit use by low-income individuals.

“This legislation is the foundation for a true multimodal transportation system,” said Secretary of Transportation Shannon Valentine. “By building a sustainable funding bridge to the future, Virginia is making a bold investment in safe, reliable travel options that create mobility for all Virginians.”

The legislation also includes funding to support:
  • Smart Scale, the data-driven model for new capacity transportation projects;
  • Interstates, secondary and city streets to meet safety and performance targets;
  • Northern Virginia Transportation Authority, to help restore funding for regional priorities;
  • I-81 Debt Authorization to accelerate $2 billion program of projects; and
  • Matching Passenger Rail Investment and Improvement Act (PRIIA) funds for WMATA
  • Critical or Special bridges and tunnels

Additional information on the Governor’s full transportation package is available here.