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2006 SESSION

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Senate Committee on General Laws and Technology

Chairman: Walter A. Stosch

Clerk: Martha T. Turner
Staff: Amigo Wade
Date of Meeting: January 18, 2006
Time and Place: Wednesday, Jan. 18, 2006; 2:00 P.M.; Senate Room B

S.B. 19 Administrative Law Advisory Committee; technical amendments to appointment provisions.

Patron: Mims

Administrative Law Advisory Committee.  Makes technical amendments to the appointment provisions of the Administrative Law Advisory Committee.

S.B. 21 Internet; simplifies and updates references thereto in Code.

Patron: Mims

Code of Virginia references to Internet.  Simplifies and updates references to the Internet in the Code of Virginia.

S.B. 46 Local housing rehabilitation zones; created.

Patron: Locke

Local rehabilitation zones.  Authorizes localities to designate housing rehabilitation zones for the establishment of incentives to rehabilitate housing stock in the zone and to perform general improvement of the neighborhood. Incentives include reduced user fees, special tax incentives, special zoning, expedited permitting, and the waiver of tax liens under certain circumstances. In addition, the locality is authorized to establish a special service district to expand or improve the public infrastructure in the zone.

S.B. 72 Contractors, Board of; educational requirements as condition for licensure.

Patron: Houck

Department of Professional and Occupational Regulation; Board for Contractors; issuance of license.  Requires the Board for Contractors to promulgate regulations for educational requirements as a condition for licensure. Under the bill, the regulations shall include the requirement that the designated employee and responsible management personnel of the applicants who are contractors or tradesmen successfully complete an approved basic contracting course.  The bill also requires the Board to promulgate emergency regulations to implement the education requirements.

S.B. 98 Risk management plan; to include Meals on Wheels Association.

Patron: Blevins

Risk management plan; Meals on Wheels Association.  Provides for inclusion under the State's risk management plan any local chapter or program of the Meals on Wheels Association of America providing meal and nutritional services to persons who are elderly, homebound, or disabled.

S.B. 102 Waste paper products; excluded definition of combustible fibers in Fire Prevention Code.

Patron: Blevins

The Board of Housing and Community Development; definition of combustible fibers.  Requires the Board of Housing and Community Development to promulgate regulations to exclude waste paper products from the definition of "combustible fibers." 

S.B. 107 Martin Luther King, Jr. Living History & Public Policy Center; amending governing structure thereof.

Patron: Marsh

Board of Trustees of the Martin Luther King, Jr. Living History and Public Policy Center.  Amends Virginia law establishing the governing structure of the Martin Luther King, Jr. Living History and Public Policy Center, an independent nonprofit corporation, to conform with § 501 (c) (3) of the Internal Revenue Code and federal and state laws governing tax exempt organizations. The Center was granted federal tax exempt status after the enactment of Senate Bill 804 by the 2005 Session of the General Assembly. The provisions of this act expire on July 1, 2007.

This bill is a recommendation of the legislative commission, the Dr. Martin Luther King, Jr. Memorial Commission.

S.B. 162 Administrative Process Act; exemps regulations adopted by Bd for Hous. & Comm. Develop. therefrom.

Patron: Norment

Administrative Process Act; Board for Housing and Community Development; exemption for certain regulations. Exempts from Administrative Process Act regulations adopted by the Board for Housing and Community Development pursuant to the (i) Statewide Fire Prevention Code, (ii) Industrialized Building Safety Law, (iii) Uniform Statewide Building Code, and (iv) the construction, maintenance, operation, and inspection of amusement devices, provided that certain procedural requirements are followed by the Board. Under the bill, portions of the Act concerning public petitions and regulatory review of the Governor and General Assembly remain applicable.

S.B. 176 Public Library Internet Protection Fund; established; purposes.  

Patron: Wampler

Public Library Internet Protection Fund; established; purposes.  Establishes the Public Library Internet Protection Fund. The bill permits grants from the Fund to be made to reimburse free public libraries and library systems for the initial purchase and subsequent renewal of technology protection measures for computers that have access to the Internet. The bill limits the grant amount for any given fiscal year depending on the type of grant. The Fund would be administered by the Board of the Library of Virginia.

S.B. 179 Human Rights Act; prohibition of discrimination in employment based on certain criminal convictions.

Patron: Locke

Virginia Human Rights Act; prohibition of discrimination in employment based on certain criminal convictions. Prohibits discrimination in employment based on an individual's criminal conviction record unless the conviction directly relates to the circumstances of the particular position, occupation, trade, or profession for which the individual is seeking employment.

S.B. 182 Community Integration and Implementation Team; created.

Patron: Puller

Community Integration and Implementation Team; established; purpose.  Establishes the Community Integration and Implementation Team to assist in ongoing progress by all executive branch state agencies toward community integration of Virginians with disabilities. Membership of the Team consists of representatives from 24 state agencies. The Team is responsible for developing a comprehensive and cross-governmental strategic plan and annually reporting to the Governor on the status of community integration of Virginians with disabilities. The bill also establishes a position of Special Advisor to the Governor for Community Integration for Virginians with Disabilities who serves as chairman of the Team. In addition, the bill establishes a Community Integration Advisory Board to advise the Team in developing and updating a comprehensive and cross-governmental strategic plan.

S.B. 184 Housing programs for ex-offenders.

Patron: Puller

Housing programs for ex-offenders.  Directs the Director of the Department of Housing and Community Development to develop a strategy, in consultation with the Virginia Housing Development Authority, for the creation and implementation of housing programs and community development for the purpose of meeting the housing needs of persons who have been released from federal, state, and local correctional facilities into communities. This bill is a recommendation of the Joint Subcommittee Studying the Commonwealth's Program for Prisoner Reentry to Society (2005).

S.B. 188 Health and Human Resources, Sec. of; provide child. serv. needed cont. with incarcerated parent.

Patron: Puller

Secretary of Health and Human Resources; duties. Requires the Secretary, in consultation with the Secretary of Public Safety, to establish an integrated system for coordinating the planning and provision of services for children with incarcerated parents among state, local, and nonprofit agencies in order to provide such children with services needed to continue parental relationships with the incarcerated parent, where appropriate, and encourage healthy relationships in the family and community. The bill also states that funds used for these purposes be leveraged to the fullest extent possible. This bill is a recommendation of the Joint Subcommittee Studying the Commonwealth's Program for Prisoner Reentry to Society (2005).

S.B. 201 Contractor Transaction Recovery Act; streamlines administrative processing of claims

Patron: Houck

Department of Professional and Occupational Regulation; Contractor Transaction Recovery Act; Real Estate Transaction Recovery Act.  Streamlines the administrative processing of claims filed under the Contractor Transaction Recovery Act and Real Estate Transaction Recovery Act. Under the bill, the requirement to conduct an informal fact-finding conference (IFF) is eliminated unless the regulant has requested the proceeding. If the regulant has not requested an IFF the Department will present the claim to the Board for Contractors or the Real Estate Board to decide whether to approve or deny the claim.

S.B. 208 Children's Services Ombudsman, Office of; created.

Patron: Edwards

Office of Children's Services Ombudsman.  Creates, within the legislative branch, the Office of Children's Services Ombudsman. The mission of the office is to protect children and parents from harmful agency action or inaction; investigate the acts of state and local administrative agencies adversely affecting children; recommend appropriate changes toward the goals of safeguarding the rights of children and parents; and promote higher standards of competency, efficiency, and justice in the administration of child protection and child welfare laws. The office is to be headed by a Director appointed by the Joint Rules Committee. The bill also contains an exemption from the Freedom of Information Act for active investigations conducted by the office.

S.B. 216 Board of Court Reporting; created.

Patron: Quayle

Court reporters; penalty.  Creates the Virginia Board of Court Reporting to regulate the profession of court reporting. The bill defines "court reporting" as the making of a verbatim recording by means of (i) manual shorthand, (ii) machine shorthand, (iii) stenomask, or (iv) voice writer reporting of any testimony given under oath before, or for submission to, any court examiner, board, commission, or other body created by statute or by the Constitution of Virginia or in any other proceeding where a verbatim record is required. Under the bill, after January 1, 2007, any person who engages in court reporting for remuneration without a license shall be guilty of a Class 3 misdemeanor. The bill includes a provision requiring the Board to enact emergency regulations.

S.B. 248 Condominium and Property Owners' Association Acts; no declaration shall prohibit display of flags.

Patron: Ticer

Condominium and Property Owners' Association Acts; display of flags.  Provides that, except as otherwise expressly provided in the declaration, no condominium instruments or declaration shall restrict or prohibit the display by a unit or lot owner of a flag of (i) the United States, (ii) the Commonwealth, (iii) any active branch of the armed forces of the United States, or (iv) any military valor or service award of the United States. The bill provides, however, that an association may restrict the display of such flags in the common areas and may establish reasonable restrictions as to the size, place, duration, and manner of placement or display of such flags. The bill also requires the public offering statement, resale certificate, or association disclosure packet to contain a statement of any restrictions on the size, place, duration, and manner of placement or display of such flags. The bill contains technical amendments.

S.B. 268 Condominium Act; allows elderly or disabled tenants in conversion units to assign purchase right.

Patron: Whipple

Condominium Act; conversion condominiums.  Provides that tenants residing in a county where the urban county executive form of government is in effect (Fairfax County) shall have the right to transfer their right to purchase their units to the local housing authority or a qualified nonprofit organization actively engaged in producing and preserving affordable housing as determined by such county. The acquisition of such units by the local housing authority or such qualified nonprofit organization shall not (i) exceed the greater of one unit or five percent of the total number of units in the condominium and (ii) impede the condominium conversion process. In determining which, if any, units shall be acquired pursuant to this section, preference shall be given to elderly or disabled tenants. The bill contains a technical amendment.

S.B. 269 Condominium Act; conversion condominiums and notice to locality.

Patron: Whipple

Condominium Act; conversion condominiums; notice to locality.  In the case of receipt of an application for a condominium that is a conversion condominium, the agency shall, within five business days, also issue a notice of filing to the chief administrative officer of the county or city in which the proposed condominium is located, which notice shall include the name and address of the applicant and the name and address or location of the proposed condominium.

S.B. 271 Public Procurement Act; purchase of certain insurance in construction projects.

Patron: Whipple

Virginia Public Procurement Act; purchase of certain insurance in construction projects.  Allows a public body to purchase an owner-controlled insurance program in connection with any public construction contract. The bill defines owner-controlled insurance program and provides that no contractor or subcontractor can be required to provide insurance coverage for a construction project if that specified coverage is included in an owner-controlled insurance program in which the contractor or subcontractor is enrolled.

S.B. 275 Green Buildings Act; created, report.

Patron: Whipple

Department of General Services; Green Buildings Act.  Requires all major facility projects of state agencies and other entities for which the project is funded with state money to be designed, constructed, and certified to meet the LEED silver standard as established by the United States Green Building Council Leadership in Energy and Environment Design. The bill defines "major facility project" as a building construction project with more than 5,000 gross square feet of occupied or conditioned space, or a building renovation project when the cost is greater than 50% of the assessed value and the project with more than 5,000 gross square feet of occupied or conditioned space. Under the bill, a major facility project may not be required to meet the standard if (i) there is no appropriate LEED silver standard for that type of building or renovation project, (ii) there is no practical way to apply the LEED silver standard to a particular building or renovation project, or (iii) the building or renovation project is an electricity transmitter building, a water pumping station, or a hospital.

S.B. 277 Virginia Housing Partnership Trust Fund; dedicating recordation tax revenues.

Patron: Whipple

Virginia Housing Partnership Trust Fund; dedicating recordation tax revenues.  Changes the name of the Virginia Housing Partnership Trust Fund to the Virginia Housing Trust Fund. The bill provides for $0.02 of the recordation tax to be transferred to the Fund. The bill also provides that a portion of the fund shall be used to provide matching funds to localities that have both established a local housing fund and appropriated local moneys to the fund. Under the bill, the Department of Housing and Community Development is required to establish criteria for the allocation of the matching funds to eligible localities and to annually report on the allocation of matching funds. In addition, the bill authorizes grants to be made from the Fund to support innovative housing projects and low and moderate income housing projects that are located in areas experiencing extreme shortages of such housing.

S.B. 294 Powers of regional and consolidated housing authorities.

Patron: Cuccinelli

Powers of regional and consolidated housing authorities.  Prohibits any regional housing authority or consolidated housing authority from acquiring property through the exercise of the power of eminent domain. This bill, which amends the article relating to regional housing authorities, applies to consolidated housing authorities because the provisions of the chapter applicable to regional housing authorities are applicable, by statutory reference, to consolidated housing authorities. Currently, regional housing authorities and consolidated housing authorities enjoy the same power of eminent domain that is statutorily afforded to housing authorities created for cities and counties.

S.B. 311 Housing authority law; spot blight abatement; interest on liens.

Patron: Cuccinelli

Housing authority law; spot blight abatement; interest on liens. Gives a locality a lien on property declared a nuisance when the locality, and not the owner, abates or removes the nuisance at its expense. The bill provides that this lien shall bear interest at the legal rate of interest established in § 6.1-330.53, beginning on the date the removal or abatement is completed through the date on which the lien is paid. The bill also provides for the same interest rate for liens on property declared to be blighted.

S.B. 334 Technology; required protection measures; public libraries; exception.

Patron: Obenshain

Technology; required protection measures; public libraries; exception.  Requires the library board or governing body of a library that receives state funding for any purpose to include in its acceptable use policy for the Internet provisions requiring the selection, installation, and activation on those computers that have Internet access a technology protection measure, as selected by the Library of Virginia, to filter or block Internet access through such computers to child pornography as set out in § 18.2-374.1:1, obscenity as defined in § 18.2-372, and, with respect to minors, materials deemed harmful to juveniles as defined in § 18.2-390. The bill also requires the library board or governing body to actually select, install, and activate the technology protection measure. The bill provides an exception which allows a person authorized by the library to disable the technology protection measure at the request of the patron for bona fide research or other lawful purpose.

S.B. 355 Severance benefits for state employees.

Patron: Cuccinelli

Severance benefits for state employees.  Restricts severance benefits for state employees to those specifically authorized by the General Assembly.

S.B. 356 Powers of regional and consolidated housing authorities.

Patron: Cuccinelli

Powers of regional and consolidated housing authorities.  Prohibits any regional housing authority or consolidated housing authority from acquiring property through the exercise of the power of eminent domain. This bill, which amends the article relating to regional housing authorities, applies to consolidated housing authorities because the provisions of the chapter applicable to regional housing authorities are applicable, by statutory reference, to consolidated housing authorities. Currently, regional housing authorities and consolidated housing authorities enjoy the same power of eminent domain that is statutorily afforded to housing authorities created for cities and counties.

S.B. 359 Veterans Cemetery; Department of Veterans Services authorized to accept donated property in SW VA.

Patron: Edwards

Department of Veterans Services.  Authorizes the Department of Veterans Services to accept donated property in the southwestern region of Virginia for the purpose of constructing the Southwest Virginia Veterans Cemetery. The bill also provides for (i) the Director of the Department of Planning and Budget shall establish a capital project for the purpose of cemetery construction, and (ii) the Treasurer provide the Department of Veterans Services in the form of a short-term, interest free treasury loan for the purpose of matching such federal funds if such funds become available

S.B. 363 Commonwealth Preparedness, Office of; created.

Patron: Wampler

Office of Commonwealth Preparedness.  Makes permanent the Office of Commonwealth Preparedness and provides for the appointment of a director by the Governor to serve a five-year term. The bill sets out the duties of the Office and also creates the Secure Commonwealth Panel and sets out its membership and duties.  The bill contains technical amendments.

S.B. 364 Workforce Transition Act; provides gubernatorial appointees shall be covered under Act.

Patron: Wampler

Workforce Transition Act.  Provides that gubernatorial appointees shall be covered under the Act regardless of years of service prior to appointment. The bill would also require all gubernatorial appointees who are eligible for benefits under the Act to each year sign a statement providing that such person has read and understands the benefits for which he is eligible under the Act. The Department of Human Resource Management would retain all such statements in its records.

S.B. 377 Reservists called to active duty; health insurance.

Patron: McDougle

Reservists called to active duty; health insurance.  Requires the Commonwealth and political subdivisions of the Commonwealth to continue to provide health insurance benefits to any employee who is a reservist or member of the National Guard and is called to active duty, as well as to any dependents covered under the employee's health insurance plan prior to the employee's being called to duty. In addition, if such employee is killed while on active duty, the employee's dependents shall be allowed to continue the health insurance benefits for a period of 12 months after the employee's death.

S.B. 401 Confederate cemeteries and graves; Sons of Confederate Veterans to receive funds for care of.

Patron: Hanger

Department of Historic Resources; care of Confederate cemeteries and graves; Sons of Confederate Veterans - Virginia Division.  Replaces the Oakwood Confederate Cemetery Trust, Inc. with the Sons of Confederate Veterans - Virginia Division, as the organization to receive funds from the Department of Historic Resources for the care of Confederate graves in Oakwood Cemetery, located in Richmond, Virginia.

S.B. 408 R. E. Lee Camp Confederate Memorial Park.

Patron: Hanger

R. E. Lee Camp Confederate Memorial Park.  Corrects the full name of the property conveyed to the Commonwealth as a perpetual park and war memorial.

S.B. 412 Intermodal Office; specific functions and goals in the Office of Secretary of Transportation.

Patron: Houck

Intermodal Office.  Provides more specific functions and goals for the Intermodal Office in the Office of the Secretary of Transportation.

S.B. 427 Virginia Residential Landlord Tenant Act; confidentiality of tenant records.

Patron: Lambert

Virginia Residential Landlord Tenant Act; confidentiality of tenant records.  Authorizes a tenant to designate a third party to receive a duplicate copy of a summons in an unlawful detainer action and any other written notices from the landlord.

S.B. 430 Virginia Condominium Act; authorization of condominium association to be applicants in land use matt

Patron: Devolites Davis

Virginia Condominium Act; authorization of condominium association to be applicants in land use matters; disclosure.  Provides that the declarant is authorized to execute, file, and process any subdivision, site plan, zoning, or other land use applications or disclosures related to the condominium during the period that the condominium is under his control. The bill also provides that once the condominium is no longer under the control of the declarant, the authority to execute such land use applications shall belong to the executive organ of the unit owners' association or a representative appointed by the unit owners' association. In addition, the bill clarifies the owner of condominiums for purposes of compliance with the disclosures in land use proceedings pursuant to § 15.2-852 and disclosures of real parties in interest pursuant to § 15.2-2289.

S.B. 449 Disposition of surplus materials; adds online pub. auction as means which State may dispose thereby.

Patron: Devolites Davis

Disposition of surplus materials.  Adds online public auctions as a permissible means by which the Commonwealth and localities thereof may dispose of surplus materials. Localities that elect to dispose of surplus materials through public sale or auction (including online public auction) are subject to the same provisions applicable to state agencies, departments, divisions, and institutions that dispose of surplus materials by public sale or auction.

S.B. 450 Abatement of lead hazards; disclosure of lead risks or the identification of a child as having an el

Patron: Lambert

Abatement of lead hazards; disclosure of lead risks or the identification of a child as having an elevated blood-lead level; retaliation deemed noncompliance; civil penalty.  Establishes the two essential lead program elements relating to lead poisoning prevention that are lacking in Virginia but are required by federal agencies for the 2006 grant cycle, a competitive application process that could result in the loss of federal funds for lead risk elimination activities without legislative action.  The two elements are: to require abatement when a child residing in the unit is found to have elevated blood lead levels and to be lead poisoned and to prohibit retaliation; i.e., termination of the rental agreement or an invalid unilateral change in the terms of the rental agreement by landlords when lead risks or the identification of a child with elevated blood lead levels and to be lead poisoned are reported.  This bill is a recommendation of the Joint Subcommittee to Study Lead Poisoning Prevention (SJR 380).   

S.B. 461 Virginia Public Records Act; timely destruction of records.

Patron: Devolites Davis

Virginia Public Records Act; timely destruction of records.  Provides that each agency shall ensure that records authorized to be destroyed or discarded under the Virginia Public Records Act, are destroyed or discarded in a timely manner in accordance with the provisions of the Virginia Public Records Act.

S.B. 487 Health plans; Liaison Office to work with ex. agencies to support, etc. legis.in ref. to, report.

Patron: Wagner

Virginia Liaison Office; association health plans.  Directs the Virginia Liaison Office to work with members of the State Congressional Delegation and executive agencies to develop, support, and enact legislation, such as the Small Business Health Fairness Act of 2005, that provides for the establishment and governance of group health plans sponsored by trade, industry, professional, chamber of commerce, or similar business associations, which are referred to as association health plans, and provides that such plans that meet certain certification requirements under the federal Employment Retirement Income Security Act of 1974, as amended, are preempted, with certain exceptions, from state regulation of health insurers. The Office is required to report annually to the Governor and the chairs of the Senate and House Commerce and Labor Committees.

S.B. 493 State contracts; requires bidders to disclose country of origin of goods, insurance, etc.

Patron: Ruff

State contracts.  Requires bidders on state contracts to disclose the country of origin of goods, services, insurance, or construction in their bid submissions.

S.B. 494 Deputy Chief of Staff for Workforce Development; creates position thereof.

Patron: Ruff

Deputy Chief of Staff for Workforce Development.  Establishes the position of Deputy Chief of Staff to the Governor for Workforce Development. The position will replace the Special Advisor to the Governor for Workforce Development created in 2004. The Deputy Chief of Staff's duties will include serving as independent staff for the Virginia Workforce Council and being fiscal agent for the Council and workforce network funds.  The Deputy Chief of Staff is charged with creating and implementing a statewide strategic plan and performance measures, evaluating performances based on these measures, and redirecting resources based on performances. In addition, the Deputy Chief of Staff is charged with creating a statewide strategic plan to address the need for reforms in workforce policy, including the need for reforms at the local workforce investment board level. The bill incorporates the recommendations of the Joint Subcommittee Studying the Need for Greater Consolidation or Coordination of Workforce Development and Training Resources in the Commonwealth pursuant to HJR 713 (2005).

S.B. 498 Fire Programs Fund. 

Patron: Puckett

Fire Programs Fund.  Authorizes the Virginia Fire Services Board to revise allocations to eligible localities.

S.B. 535 Economic Crisis Strike Force; created.

Patron: Hawkins

Economic Crisis Strike Force.  Establishes the Economic Crisis Strike Force to respond as needed to economic disasters that may occur in the Commonwealth.

S.B. 541 Public-Private Education Facilities and Infrastructure Act; review and implementation of qualifying

Patron: Stosch

Public-Private Education Facilities and Infrastructure Act; review and implementation of qualifying projects; Public-Private Partnership Advisory Council.  Requires the review of qualifying projects under the Public-Private Education Facilities and Infrastructure Act (PPEA) by the appropriating body, which is the body responsible for appropriating or authorizing funding for the project. The bill provides that any aspects of an interim or comprehensive agreement requiring an appropriation or continuing appropriation shall not be developed or operated by a private entity until such time that the appropriation is approved by the appropriating body. The bill also requires that the guidelines that must be adopted by responsible public entities include provisions for (i) the financial review and analysis of the proposed qualifying project and the disclosure of such analysis to the appropriating body, (ii) consideration of nonfinancial benefits of a proposed qualifying project, and (iii) a mechanism for the appropriating body to review the proposed interim or comprehensive agreement before it is finalized.  In addition, the bill establishes the Public-Private Partnership Advisory Council to advise the Governor and responsible public entities on the terms and conditions of proposed interim and comprehensive agreements.  The bill contains technical amendments.

S.B. 551 Energy eff. vehicles; purchased or leased by State of high fuel econ. & lowest pollutants available.

Patron: Whipple

Purchase of energy efficient vehicles.  Provides that any passenger-type vehicles purchased or leased by the Commonwealth shall be of the highest fuel economy and lowest pollutants available for the vehicle's intended purpose.

S.B. 556 Secretary of Public Safety; adds Department of Forensic Science.

Patron: Stolle

Secretary of Public Safety.  Adds the Department of Forensic Science to the agencies for which the Secretary of Public Safety is responsible.

S.B. 558 Assistive Technology Loan Fund Auth; Board of Directors responsible for appointing exe. director.

Patron: Stolle

Assistive Technology Loan Fund Authority.  Provides that the Authority is under the Secretary of Health and Human Resources and specifies that the Board of Directors of the Authority is responsible for appointing an executive director who is subordinate to the Board and for ensuring that the executive director complies with all statutory, regulatory and Board directives. The bill also provides that the Board's annual report shall include any loan fund or loan guarantee that the Authority administers or manages and requires the Auditor of Public Accounts to annually audit the Authority and its loan funds.

S.B. 565 U.S. Navy Master Jet Base; land use adjacent to certain.

Patron: Stolle

Land use and eminent domain adjacent to certain jet bases; advisory council.  Provides that the governing body of any locality in which a United States Navy Master Jet Base or an auxiliary landing field used in connection with flight operations arising from such Master Jet Base is located shall (i) adopt zoning ordinances that require the governing body to consider certain Navy guidelines in deciding discretionary applications for property in noise levels 70 dB DNL or greater, (ii) undertake an evaluation of undeveloped properties located in noise zones 70 dB DNL or greater to determine the suitability of such properties for rezoning classifications that would prohibit incompatible uses, (iii) adopt such ordinances or take such other actions as may be recommended in any Joint Land Use Study that has been officially approved by the Navy and the governing body of the locality, and (iv) assemble available funding from federal, state, and local sources to purchase land or development rights from willing sellers in the corridor of land underneath the flight path between the Master Jet Base and the auxiliary landing field known as an interfacility traffic area.

Also, such localities are granted authority to exercise the limited right of eminent domain in acquisition of any lands, easements, and privileges for the purpose of protecting public safety by providing unobstructed airspace for the landing and takeoff of aircraft utilizing such Master Jet Base and preventing incompatible development within Accidental Potential Zone 1 areas surrounding such Master Jet Base.  This bill also creates the Oceana/Fentress Military Advisory Council as a subunit of the Virginia Military Advisory Council. The provisions of this act and all authority therein shall expire at such time that the Oceana Naval Air Station ceases to serve as a Master Jet Base or such time as the Governor finds that the provisions of this act are no longer necessary to maintain Oceana as a Master Jet Base.

S.B. 568 General Services, Dept of; creates program requiring state-owned bldgs. to undergo energy audit.

Patron: Whipple

Department of General Services; energy audits for state buildings.  Requires the Department of General Services to establish a program to require every state-owned building to undergo an energy audit before December 30, 2008. After the completion of each energy audit, the Division shall develop an implementation plan to address energy conservation measures recommended by such audit. The bill defines "energy audit" as a determination of the energy consumption characteristics of a building by identifying the type, amount, and rate of energy consumption of the building and its major energy systems.

S.B. 623 Condominium Act; responsibility for insurance deductibles.

Patron: Cuccinelli

Condominium Act; responsibility for insurance deductibles.  Requires a condominium unit owner to pay the deductible under the condominium's master casualty policy if the cause of damage to or destruction of any portion of the condominium originated in or through the owner's unit or any component thereof, without regard to whether the unit owner was negligent.