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2006 SESSION

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Senate Committee on Local Government

Chairman: Frederick M. Quayle

Clerk: Carol Lynne Shotton
Staff: Jeffrey Sharp, Kevin Stokes
Date of Meeting: February 7, 2006
Time and Place: 2:00 p.m. Senate Room B GAB

H.B. 93 Environmental site assessments; local government to adopt ordinances requiring.

Patron: Suit

Subdivision and zoning ordinances; residential property disclosure; environmental site assessments.  Clarifies the authority of local governing bodies to adopt ordinances to require site assessments and to record notice as a part of a rezoning or subdivision approval process. The bill also clarifies that the residential property disclosure statement provided by the owner of residential real property to a purchaser includes disclosure of adverse environmental site conditions.

A BILL to amend and reenact §§ 15.2-2242, 15.2-2286, and 55-519 of the Code of Virginia, relating to disclosure of environmental site assessments, remediation, and disclosure of adverse conditions.

067526520

H.B. 147 Service districts; localities may contribute from general fund for certain government services.

Patron: Cole

Powers of service districts. Provides that a locality creating a service district may contribute, from its general fund, an appropriate amount of funds to pay for certain authorized governmental services.

A BILL to amend and reenact § 15.2-2403 of the Code of Virginia, relating to the powers of service districts.

065466272

H.B. 148 Stormwater management program; includes enlargement, improvement and maintenance of dams.

Patron: Cole

Stormwater regulation.  Provides that income derived from stormwater control program service charges shall be dedicated special revenue and may be used only to pay or recover costs for specified purposes, including the maintenance of dams, whether publicly or privately owned, that serve to control stormwater.

A BILL to amend and reenact § 15.2-2114 of the Code of Virginia, relating to payment or cost recovery for facility enlargement, improvement and maintenance of certain dams.

065467272

H.B. 206 Road construction; expands powers of service districts to include.

Patron: Cox

Powers of service districts. Expands the powers of service districts to include the accumulation and setting aside of annual tax revenue collected for road construction for such reasonable period of time as is necessary to finance such construction.

A BILL to amend and reenact § 15.2-2403 of the Code of Virginia, relating to the collection of annual tax for road construction purposes.

063653284

H.B. 281 Colonial Heights; charter.

Patron: Cox

Colonial Heights; charter.  Amends several provisions of the city charter of Colonial Heights. The bill removes the term limits for the city clerk and city attorney. Currently, the city clerk is limited to a two-year term of appointment and the city attorney is limited to a three-year term. In addition, the bill removes the enumerated procurement policy and allows for the city council to adopt a procurement policy consistent with the Code. Furthermore, this bill removes the requirement for three or more competitive bids for purchases under $2,500 and for sealed bids in excess of that amount.

A BILL to amend and reenact §§ 4.4, 8.3, 8.11, and 10.5, as severally amended, of Chapter 213 of the Acts of Assembly of 1960, which provided a charter for the City of Colonial Heights, relating to the city procurement policy and officials' term limits. 

067527284

H.B. 445 Charter; Town of Iron Gate. 

Patron: Shuler

Charter; Town of Iron Gate.  Changes references from "town sergeant" to "chief of police."

A BILL to amend and reenact § 6 of Chapter 3, as amended, of Chapter 99 of the Acts of Assembly of 1940, which provided a charter for the Town of Iron Gate, relating to chief of police.

065440508

H.B. 474 Charter; Clifton Forge

Patron: Shuler

Charter; Clifton Forge. Moves the regular election date for town council from May to November. As a result, the current council members shall have their terms extended by six months. In addition, the mayor and vice-mayor shall be elected by the council in January of each odd-numbered year. Thus, the current mayor and vice-mayor shall continue in office as mayor and vice-mayor, respectively, until the first meeting of the council in January 2007. This bill contains an emergency clause.

A BILL to amend and reenact §§ 3.4 and 3.7 of Chapter 124 of the Acts of Assembly of 2002, which provided a charter for the Town of Clifton Forge, relating to the regular election date for certain Clifton Forge local elections.

065417508

EMERGENCY

H.B. 804 Recreational Facilities Authority; reduces number of members that constitutes quorum.

Patron: Fralin

Virginia Recreational Facilities Authority quorum.  Reduces the number of members that constitutes a quorum for the Virginia Recreational Facilities Authority from 10 to seven.

A BILL to amend and reenact § 10.1-1602 of the Code of Virginia, relating to the required quorum for the Virginia Recreational Facilities Authority.

063662302

S.B. 81 Charter; City of Richmond. 

Patron: Watkins

Charter; City of Richmond. Amends the charter by (i) clarifying that the council may adopt the budget at either a regular or special meeting, (ii) deleting an additional requirement for introduction of ordinances at special meetings, (iii) clarifying the duties of the city attorney and explicitly granting authority to represent more than one city official, department, or other entity that are parties to the same transaction, (iv) clarifying that the mayor or his designees may attend closed meetings of the council only if invited by the council, (v) requiring the chief administrative officer to attend all open meetings of the council, (vi) making several clarifications to the budgetary process and (vii) making numerous technical or housekeeping changes.

A BILL to amend and reenact §§ 4.10, 4.16, 4.17 and 5.05, as severally amended, § 5.05.1, as amended, §§ 6.02, 6.03, 6.06, 6.07, 6.10, 6.11, 6.12, 6.13, 13.06, 13.07, 13.08 and 13.09, as severally amended, of Chapter 116 of the Acts of Assembly of 1948, which provide a charter for the City of Richmond, relating to ordinances, investigations, city attorney, mayor, chief administrative officer, budget, and utilities. 

065404840

S.B. 224 Environmental site assessments; localities to adopt ordinances requiring.

Patron: Quayle

Subdivision ordinances; site assessments; remediation. Allows localities to include in their subdivision or zoning ordinances provisions for requiring environmental site assessments prior to approval of subdivision and development plans or land use, rezoning, subdivision, or development applications. A reasonable fee may be charged for the review of such environmental assessments. Such ordinances may also include provisions for requiring remediation and disclosure of adverse environmental conditions of the property prior to approval of subdivision and development plans, or land use, rezoning, subdivision, or development applications.

A BILL to amend and reenact §§ 15.2-2242 and 15.2-2286 of the Code of Virginia, relating to subdivision ordinances; environmental site assessments; remediation.

064306800

S.B. 225 Impact fees; add City of Suffolk to localities authorized to impose for roads.

Patron: Quayle

Road impact fees.  Adds the City of Suffolk to those localities authorized to impose road impact fees. Also, an outdated sunset clause is deleted.

A BILL to amend and reenact § 15.2-2317 of the Code of Virginia, relating to road impact fees.

064253800

S.B. 374 Single-family dwellings; deletes certain optional provisions regarding clustering thereof.

Patrons: Watkins, Houck

Clustering of single-family dwellings.  Deletes certain optional provisions regarding the clustering of single-family housing and reinserts those provisions as mandatory provisions of local zoning ordinances. Localities shall be required to provide in their zoning or subdivision ordinances standards, conditions, and criteria for the clustering of single-family dwellings and the preservation of open space developments. In establishing such standards, conditions, and criteria, the localities may include any provisions they determine appropriate to ensure quality development, preservation of open space, and compliance with their comprehensive plans and land use ordinances.

A BILL to amend and reenact §§ 15.2-2242, 15.2-2286 and 36-98 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-2286.1, relating to clustering of single-family dwellings.

061635712

S.B. 459 Land use proceedings; public disclosures by members of boards of supervisors.

Patron: Devolites Davis

Disclosures in land use proceedings.  Requires members of boards of supervisors who have received a gift or donation having a value greater than $99, either singularly or in the aggregate, to make full public disclosure at or before any proceeding involving a proposed amendment to the comprehensive plan if such gift or donation was given by an interested party, including the title owner, contract purchaser, lessee, and developer of any affected land, to the proposed comprehensive plan amendment. This bill also requires board members to disclose if such gift or donation was made by a trustee, attorney, agent, real estate broker, immediate family or household member, or close financial associate of any interested party. Currently, board members must only make full public disclosure at or before a land use proceeding if the gift or donation given by an interested party has a value greater than $100, and the land use proceeding involves an application for a special exception, variance, or amendment of a zoning ordinance.

A BILL to amend and reenact § 15.2-852 of the Code of Virginia, relating to disclosures in land use proceedings.

067865726

S.B. 511 Regional Industrial Facilities Act; adds planning districts.

Patron: Puckett

Virginia Regional Industrial Facilities Act. Adds Planning District 2 to those planning districts that may create a regional industrial facility authority with two or more localities rather than three or more localities.

A BILL to amend and reenact § 15.2-6402 of the Code of Virginia, relating to Virginia Regional Industrial Facilities Act.

064242792

S.B. 695 Boats; local control over operation.

Patron: Hanger

Local control over operation of boats.  Provides that no locality or other political subdivision shall adopt or enforce any ordinance, resolution, or motion governing the operation of any watercraft, boat, or vessel other than those expressly authorized by statute. Any local ordinance, resolution, or motion adopted prior to July 1, 2006, governing the operation of any watercraft, boat, or vessel, other than those expressly authorized by statute, is invalid.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-915.5, relating to local control over operation of boats.

065731784

S.B. 699 Transportation planning; coordination of state and local.

Patron: Houck

Transportation.  Coordination of state and local transportation planning.

A BILL to amend and reenact § 15.2-2223 of the Code of Virginia, and to amend the Code of Virginia by adding a section numbered 15.2-2222.1, relating to coordination of state and local transportation planning.

069841740

S.B. 713 Affordable housing; development for low- and moderate-income persons.

Patron: Marsh

Affordable housing dwelling unit programs; ordinances.  Provides that a locality may, in its zoning ordinance establishing an affordable housing dwelling unit program, exempt nonprofit organizations that develop housing for low- and moderate-income persons from subdivision provisions that impair such organizations' ability to subdivide land. In addition, owners of multifamily dwelling units are required to provide notice to the housing authority having an area of operation in which they are situated of their intent to sell or transfer ownership of such unit(s). Failure to provide the notification will not be the basis for invalidation of any sale, but may subject the terms of the sale to special review by the locality or the attorney for the locality to ensure that such sale has not resulted in a violation of any law by the transferring owner.

 A BILL to amend and reenact § 15.2-2305 of the Code of Virginia, relating to affordable housing.

068872364

S.B. 724 Traffic impact analysis; localities to prepare and consider prior to approving zoning ordinances.

Patron: Quayle

Zoning; traffic impact. Requires localities to prepare and consider a traffic impact analysis prior to approving zoning amendments.

A BILL to amend and reenact § 15.2-2285 of the Code of Virginia, relating to zoning; traffic impact.

065351129