Here in the Cheap Seats it's either feast or famine, and today's legislative buffet is so loaded that I've spent the majority of the day just trying to organize it, understand and it and pick out the highlights for tomorrow's press run.

At the bottom line, the political situation remains muddy. Democratic Gov. Timothy M. Kaine and his compatriots in the Senate still haven't come together on a course of action. The split remains over a gas tax. Senators tell me there aren't 21 votes for a gas tax hike, sought by Democratic leaders in the Senate, nor are their 21 votes for Kaine's taxes and fees.

On the House side, a number of legislators say there might be 51 votes for some kind of gas tax hike, depending on the fine details of the proposal, with Democrats peeling off a handful of vulnerable Northern Virginia Republicans. That has House leaders leery of taking any action that could force a floor vote on the gas tax.

Will it happen? It's just flat out hard to say right now. There's a ton of pressure on legislators to do something about roads, but voting to make $4 per gallon gasoline even more expensive is a sure political loser, something Kaine acknowledged in his own transportation package.

Other highlights from the square today include:

• Offshore drilling is probably dead for the session.
The Senate Agriculture, Conservation and Natural Resources Committee voted along party lines to kill two bills that would have opened Virginia offshore oil drilling.

Democrats on the committee said they had environmental concerns about the legislation.

Republicans on the panel said the commonwealth could have seen some $200 million per year for transportation and environmental initiatives from royalties paid by oil companies if their bills had passed and Congress had given the OK.

• Some constitutional "lock boxes" also bit the dust on Tuesday, and the GOP is decidedly unhappy about it. From a Republican press release:

Senate Democrats this afternoon killed a measure designed to ensure that funds raised by regional levies be spent exclusively in those regions. Senator Creigh Deeds (D - Bath) led enough Democrats on the Privileges and Elections Committee to defeat the measure proposed by Senator Ken Stolle (R - Virginia Beach). It failed by a single vote despite unanimous Republican support.

Stolle's measure would have begun the process of adopting a constitutional amendment that would establish a so-called "lock box" for regional transportation funds. Without it, those funds could be diverted to other purposes or to other parts of the Commonwealth and Democrats on the committee expressed interest in preserving that option.

"Without this constitutional protection, taxpayers have no assurance that the measures we pass will do what we say they will do. This vote today does a great disservice to those who want to find solutions to our transportation challenges," said Stolle.

• Deeds, a Democratic gubernatorial candidate, has waded in with a proposal that would encourage telecommuting. From the press release::

"We simply can't pave our way out of this traffic gridlock," said Deeds. "That's why I believe it is imperative that we address our transportation needs from the demand side of the equation as well. This tax credit package provides real incentives for Virginia businesses and their employees to get commuters off the road during rush hour."

Senate Bill 6012 provides a flextime income tax credit to employers for employees who enter into a flextime scheduling agreement, meaning they work a four-day workweek or begin their day between 6AM and 9AM. Under the legislation, employers are eligible for up to $25,000 per year in credits.

Senate Bill 6013 provides a tax credit to Virginia businesses for telecommuting expenditures and allows for a 100 percent tax credit for employers to conduct a telecommuting assessment the year prior to implementing a telecommuting program. Employers are eligible for a $1,200 credit per employee, capped at $20,000 per year.