An effort by Fairfax County officials to crack down on excessively loud vehicle exhaust systems is facing an uncertain future in Richmond, where state legislators recently voiced concerns about the possible costs.
The powerful Senate Committee on Finance and Appropriations voted 10-4 Monday night (Feb. 17) to send the proposed legislation to the State Crime Commission, which will study its provisions and report back later to the General Assembly.
If passed by the full Virgina Senate with that amendment, which makes the bill substantially different from the version adopted by the House of Delegates, the two chambers may have to empanel a conference committee to work out differences.
The legislation, patroned by Del. Rip Sullivan (D-6), would permit some Virginia localities to use automated-monitoring systems to record exhaust noise levels as part of a two-year pilot program. Localities would be allowed to issue citations to those who exceed a specified limit.
Sullivan’s measure passed the House 54-44 with minor modifications, and on Feb. 13, it was supported on a party-line 8-6 vote by the Senate Committee on Transportation.
But the finance committee noted that no budget amendment was submitted to cover $424,000 that the Virginia Department of Planning and Budget estimates it will cost the state government to administer the program over two years.
Sullivan said he was “blown away” by that estimate, which includes a projection that the Virginia State Police would need to hire a full-time staffer. The state’s lone responsibility would be to collect paperwork submitted by any participating jurisdictions, he told the committee.
“It didn’t occur to me that [the state police] would need an extra person to do this,” Sullivan said. “I think they can do this without it.”
The four finance committee members who voted against sending the measure to the State Crime Commission for review were Republicans. Previous votes in the House and Senate indicated that the GOP didn’t want the bill to move forward at all.
Sullivan’s proposal, which was supported by the Fairfax County Board of Supervisors, would’ve allowed localities in Northern Virginia (Planning District 8) and the Fredericksburg area (Planning District 16) to participate in a two-year program for monitoring vehicle noise levels.
Owners of vehicles found to be exceeding 95 decibels (dB) — roughly the equivalent to the sound of a jackhammer from 50 feet away — would receive $100 civil citations in the mail.
Sullivan’s first version of the bill set the level at 90 dB, but to win “peace in the valley” among lawmakers it was increased slightly, he said at the Senate Committee on Transportation hearing on Feb. 13.
Drivers using after-market mufflers that emit noisy levels of exhaust are becoming “a growing issue in lots of parts of Virginia,” said Sullivan, whose district includes much of McLean and Great Falls.
Sen. Danica Roem (D-30), who represents portions of Prince William County, agreed the issue had become acute, observing that it’s “getting to be unlivable” for residents near the Prince William Parkway.
Fairfax County Department of Transportation Coordination and Funding Division Chief Noelle Dominguez, who represented the county government at the Feb. 13 hearing, said a two-year pilot program was the appropriate route to take.
A pilot “will reveal both the challenges and the benefits” of noise-monitoring efforts, Dominguez told lawmakers.
At a Board of Supervisors legislative committee meeting on Friday, Feb. 14, staff said a number of other Northern Virginia jurisdictions had expressed interest in participating in the monitoring effort.
Braddock District Supervisor James Walkinshaw, who chairs the legislative committee, called Sullivan’s initial bill “a targeted program” that would yield several years’ worth of data to determine whether to move forward permanently.
In the wake of the Senate appropriations committee’s vote, Walkinshaw said at the Board of Supervisors meeting today (Tuesday) that there are still “hopes of reviving the bill” before the General Assembly session ends, but if not, Fairfax will be back next year supporting it.
Board of Supervisors Chairman Jeff McKay expressed frustration at the potential delay.
“There’s got to be a more common-sense solution to this than kicking it to a study and telling our folks that you’re just going to have to live with this for another year,” McKay said.
Tougher Street-Racing Penalties Move Forward in Richmond
Fairfax County officials are cautiously optimistic that legislation imposing more stringent penalties on street racing will make it through the 2025 General Assembly session.
“I don’t want to spike any football, but it’s looking good,” Walkinshaw said at Friday’s legislative committee meeting.
Del. David Bulova (D-11) is sponsoring a measure that would expand Virginia’s reckless driving statute to include street racing, also known as exhibiting driving. It also sets up a process for impounding or immobilizing vehicles driven by those arrested for such behavior.
Though amended several times along its journey, the bill passed the House of Delegates 84-12, and has won support of the Senate committees on Courts of Justice (13-2) and Finance and Appropriations (13-1).
It must be considered this week on the Senate floor, as the General Assembly is set to adjourn on Saturday (Feb. 22).
Jennifer Van Ee, the county’s deputy legislative director, said some parts of the proposal had to be softened to win support. Among the changes was the removal of a provision that would’ve allowed spectators to a street-racing event to be charged.
The amendments don’t change Fairfax County’s view that the bill was a step in the right direction, Van Ee told supervisors, reporting that it’s likely the measure will get to Gov. Glenn Youngkin’s desk.
“We’re feeling good about it,” she said.
Photo via Oscar Sutton/Unsplash
