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2008 SESSION

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Senate Committee on Local Government

Chairman: L. Louise Lucas

Clerk: Carol Lynne Shotton
Staff: Kevin Stokes, Jeffery Sharp
Date of Meeting: February 19, 2008
Time and Place: Immediately Upon Senate Adjournment, SR B, GAB

H.B. 7

Patron: Wright

Charter; Town of Brodnax.  Provides that town elections shall be held at the time of the November general election, extends terms from 2 to 4 years and provides for staggered elections.

A BILL to amend and reenact § 3.1 of Chapter 131 of the Acts of Assembly of 1977, which provided a charter for the Town of Brodnax, relating to elections.

082002796

H.B. 8

Patron: Wright

Lien for water and sewer charges. Adds the Town of Kenbridge to those localities that may provide that charges imposed for water or sewers shall be a lien on the real estate served by such waterline or sewer. Where residential rental real estate is involved, no lien shall attach (i) unless the user of the water or sewer services is also the owner of the real estate or (ii) unless the owner of the real estate negotiated or executed the agreement by which such water or sewer services were provided to the property.

A BILL to amend and reenact § 15.2-2118 of the Code of Virginia, relating to liens for water and sewer charges.

083001556

H.B. 33

Patron: Ingram

Marked sheriffs' office vehicles.  Allows marked sheriffs' office vehicles to be painted solid colors other than brown or white.

A BILL to amend and reenact § 15.2-1610 of the Code of Virginia, relating to the color of marked sheriffs' office vehicles.

083410564

H.B. 140

Patron: Peace

Local governing bodies and local school boards. Requires local governing bodies and local school boards to annually publish their approved budgets online. If there is no local government website or local school board website, the budgets must be available in hard copy.

A BILL to amend and reenact §§ 15.2-2503 and 22.1-93 of the Code of Virginia, relating to publication of local government and school board budgets online.

088109676

H.B. 177

Patron: Abbitt

Charter; Town of Appomattox. Clarifies the duties of the town manager and the town mayor. The bill also makes a technical change.

A BILL to amend and reenact §§ 5, 7, and 11 of the charter of the Town of Appomattox, which was granted by order of the Circuit Court of the County of Appomattox on June 2, 1925, and to repeal § 8 of such charter, relating to the oath of office and the duties of the mayor and the town manager.

083015400

H.B. 190

Patron: Orrock

Subdivision of lot for conveyance to family member.  Gives localities the option of including step-children in the definition of "immediate family" for purposes of subdivision of a lot for conveyance to a family member.

A BILL to amend and reenact § 15.2-2244 of the Code of Virginia, relating to subdivision of lot for conveyance to family member.

082010672

H.B. 262

Patron: Ware, O.

Housing loans and grants in designated conservation or rehabilitation districts.  Grants authority to localities to make loans or grants of local funds to certain individuals for the purpose of rehabilitating owner-occupied residences or assisting in the purchase of an owner-occupied residence in designated conservation or rehabilitation districts.

A BILL to amend and reenact § 15.2-958 of the Code of Virginia, relating to certain housing loans and grants.

082066776

H.B. 350

Patron: Cole

Authority of a zoning administrator.  Adds Spotsylvania County to those localities with authority to provide that when the zoning administrator has reasonable cause to believe that any person has engaged in or is engaging in any violation of a zoning ordinance that limits occupancy in a residential dwelling unit, which is subject to a civil penalty that may be imposed in accordance with the provisions of § 15.2-2209, and the zoning administrator, after a good faith effort to obtain the data or information necessary to determine whether a violation has occurred, has been unable to obtain such information, he may request that the attorney for the locality petition the judge of the general district court for his jurisdiction for a subpoena duces tecum against any such person refusing to produce such data or information.

A BILL to amend and reenact § 15.2-2286 of the Code of Virginia, relating to authority of a zoning administrator.

087902468

H.B. 357

Patron: Cole

Special rate districts.  Adds Fauquier County to those localities that may request an electric utility that proposes to construct an overhead electric transmission line of 150 kilovolts or more, any portion of which would be located in such locality, to enter into an agreement with the locality that provides the locality will impose a tax or assessment on electric utility customers in a special rate district in an amount sufficient to cover the utility's additional costs of constructing that portion of the proposed line to be located in such locality, or any smaller portion thereof as the utility and the locality may agree, as an underground rather than an overhead line.

A BILL to amend and reenact § 15.2-2404 of the Code of Virginia, relating to special rate districts.

087897468

H.B. 432

Patron: Miller, J.H.

Arts and cultural districts.  Adds the City of Manassas to those localities authorized to create an arts and cultural district for the purpose of increasing awareness and support for the arts and culture in the locality. Localities may provide incentives for the support and creation of arts and cultural venues in the district.

A BILL to amend and reenact § 15.2-1129.1 of the Code of Virginia, relating to arts and cultural districts.

080704640

H.B. 443

Patron: Rust

Rights and duties of county chairman in Loudoun County.  Lists various rights and duties of the board chairman in Loudoun County.

A BILL to amend and reenact § 15.2-1213 of the Code of Virginia, relating to the county chairman in Loudoun County.

087046708

H.B. 445

Patron: Rust

Occupancy limits.  Provides that no enforcement action shall be taken against the owner or managing agent of a single-family residential dwelling unit if such owner or managing agent is diligently pursuing certain legal remedies against the tenant.

A BILL to amend and reenact § 15.2-2286 of the Code of Virginia, relating to occupancy limits.

087045708

H.B. 451

Patron: Rust

Composition of the Northern Virginia Transportation Authority.  Increases the membership from 16 to 17 by adding a town representative who shall serve as a nonvoting member.

A BILL to amend and reenact § 15.2-4832 of the Code of Virginia, relating to the composition of the Northern Virginia Transportation Authority.

088100708

H.B. 456

Patron: Merricks

Charter; City of Martinsville.  Provides that the City may establish a municipal trust. The principal of the trust shall be (i) all of the proceeds of the sale of any City asset owned by the City that generates between $10 million and $20 million, (ii) one-half of any such proceeds in excess of $20 million, (iii) such income generated by the trust remaining unexpended at the close of each fiscal year, and (iv) such other funds as the city council may by majority vote to contribute to the fund.

A BILL to amend Chapter 193 of the Acts of Assembly of 1950, which provided a charter for the City of Martinsville, by adding in Chapter 12 a section numbered 3, relating to a municipal investment fund.

082058638

H.B. 663

Patron: Lewis

Powers of zoning administrator.  Expands certain authority related to enforcement of occupancy limits in residential dwelling units to all zoning administrators, rather than just those in Planning District 8.

A BILL to amend and reenact § 15.2-2286 of the Code of Virginia, relating to powers of zoning administrator.

088329596

H.B. 845

Patron: Sherwood

Charter; City of Winchester.  Rewrites language related to the city's budget. The new language complies with general law.

A BILL to amend Chapter 39 of the Acts of Assembly of 1932, which provided a charter for the City of Winchester, by adding a section numbered 5.02 and to amend such chapter by repealing a section numbered 5.01, relating to the annual budget.

088291728

H.B. 879

Patron: Loupassi

Affordable dwelling unit ordinances.  Provides that a locality establishing an affordable housing dwelling unit program in any ordinance may establish a requirement that the prices for resales and rerentals be controlled by the local housing authority or local governing body or designee for a period of not less than 15 years nor more than 50 years after the initial sale or rental transaction for each affordable dwelling unit, provided that the ordinance further provides for reasonable rules and regulations to implement a price control provision. Under current law, the prices for resales and rerentals may be controlled by the local housing authority or local governing body or designee for a period of 50 years after the initial sale or rental transaction for each affordable dwelling unit.

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

081872606

H.B. 883

Patron: Toscano

Affordable Dwelling Unit ordinance; permitting certain densities in the comprehensive plan. Authorizes the City of Charlottesville to provide in its comprehensive plan for the physical development within the city for densities of development ranging between a floor area ratio (FAR) of 1.0 (1.0 FAR) and a floor area ratio of 10.0 (10.0 FAR) or greater in some or all parts of the city. The bill authorizes the City of Charlottesville to establish affordable housing contributions from developers as a condition of the governing body's approval of a special exception application for residential, commercial, or mixed-use projects with a density equal to or greater than 1.0 FAR. Under the bill, the provisions of the ordinance would allow the developer to provide on-site Affordable Dwelling Units, off-site Affordable Dwelling Units, or a cash contribution to the city's affordable housing fund in lieu of providing the units.

A BILL to grant certain authority related to affordable housing to the City of Charlottesville .

082067752

H.B. 983

Patron: Nutter

Charter; City of Radford.  Updates appointment provisions with regard to the director of finance and the city attorney.

A BILL to amend and reenact §§ 2.28 and 2.29, as amended, of Chapter 209 of the Acts of Assembly of 1968, which provided a charter for the City of Radford, relating to director of finance and city attorney.

084577660

H.B. 991

Patron: Bell

Transfer of development rights.  Permits the severance and transfer of development rights from a sending property without requiring those rights to be immediately affixed to a specific receiving property.

A BILL to allow Albemarle County to enact an ordinance for the transfer and severance of development rights.

082068432

H.B. 1056

Patron: Scott, J.M.

Charter; City of Falls Church.  Provides that the city attorney shall be appointed by and serve at the pleasure of the city council rather than serving a four-year term. Also, the city's zoning powers are amended to include provisions related to the availability of moderately priced housing.

A BILL to amend and reenact §§ 10.02 and 17.10, as amended, of Chapter 323 of the Acts of Assembly of 1950, which provided a charter for the City of Falls Church, relating to the city attorney and affordable housing.

082062720

H.B. 1061

Patron: Amundson

Zoning ordinances.  Provides that a zoning ordinance may prescribe an appeal period of less than 30 days, but not less than 10 days, for a notice of violation involving maximum occupancy limitations of a residential dwelling unit.

A BILL to amend and reenact § 15.2-2286 of the Code of Virginia, relating to permitted provisions in zoning ordinances.

082056412

H.B. 1078

Patron: Suit

Vested rights and nonconforming uses.  Makes several changes to the vested rights and nonconforming use provisions, including (i) that a locality shall use square footage and building code provisions in determining whether a nonconforming use has been enlarged or structurally altered; and (ii) providing that when a property owner has paid taxes to the locality for a building or structure for a period in excess of 15 years, a zoning ordinance may provide that such building or structure shall be nonconforming, but not illegal.

A BILL to amend and reenact § 15.2-2307 of the Code of Virginia, relating to vested rights and nonconforming uses.

082053744

H.B. 1079

Patron: Suit

Board of Zoning appeals; variances. Deletes language from provisions regarding variances that states that variances shall be treated as conforming uses.

A BILL to amend and reenact § 15.2-2309 of the Code of Virginia, relating to variances.

082029744

H.B. 1086

Patron: Sickles

Appeals to boards of zoning appeals.  Provides that a written notice of a zoning violation or a written order of the zoning administrator that includes such statement sent by registered or certified mail to, or posted at, the last known address of the property owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall be deemed sufficient notice to the property owner and shall satisfy the notice requirements under general law.

A BILL to amend and reenact § 15.2-2311 of the Code of Virginia, relating to appeals to boards of zoning appeals.

087039324

H.B. 1149

Patron: Phillips

Trail Activity; immunity.  Allows localities to establish a system of trails for ATVs and motorcycles and provides immunity for the locality in the absence of gross negligence or willful misconduct, for damages resulting from injuries from the use of such system.

A BILL to amend and reenact § 15.2-1806 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-1809.1, relating to recreation facilities, playgrounds, etc.; liability.

080882680

H.B. 1172

Patron: Phillips

Charter; Town of Pound.  Eliminates the residency requirement for the town clerk and town treasurer.

A BILL to amend and reenact § 4.3 of Chapter 109 of the Acts of Assembly of 1984, which provided a charter for the Town of Pound, relating to residency requirement.

080609680

H.B. 1177

Patron: Lingamfelter

Plats.  Provides that once a plat for all or a portion of a multiphase development is recorded, the preliminary plat shall remain valid for a period of five years from the date of the latest recorded plat of subdivision for the property. Also, an approved final subdivision plat that has been recorded, from which any part of the property subdivided has been conveyed to third parties, shall remain valid for an indefinite period of time unless and until any portion of the property is subject to a vacation action.

A BILL to amend and reenact §§ 15.2-2260 and 15.2-2261 of the Code of Virginia, relating to plats.

082057600

H.B. 1196

Patron: Johnson

Charter; City of Bristol. Formalizes an agreement between the city and the TVA regarding electrical rates.

A BILL to amend and reenact § 8.06, as amended, of Chapter 542 of the Acts of Assembly of 1990, which provided a charter for the City of Bristol, relating to the utilities board.

082054576

H.B. 1206

Patron: Melvin

VPA police. Allows a Virginia Port Authority (VPA) police officer to provide enhanced supply chain security beyond the locality where VPA property is located.

A BILL to amend and reenact § 62.1-132.12 of the Code of Virginia, relating to Virginia Port Authority special police officers.

081166828

H.B. 1211

Patron: Melvin

VPA employee retirement benefits.  Enables the Virginia Port Authority to establish a trust to help offset its OPEB (other postemployment benefits) liability. The changes mirror changes made to VRS during the 2007 Session.

A BILL to amend the Code of Virginia by adding a section numbered 62.1-129.2, relating to the creation of a trust or equivalent arrangement to fund the cost of providing postemployment benefits for the employees of the Virginia Port Authority.

081163828

H.B. 1215

Patron: Tyler

Charter; City of Emporia.  Allows the city council to appoint a council member to the Emporia Redevelopment and Housing Authority.

A BILL to amend and reenact § 9, as amended, of Chapter 78 of the Acts of Assembly of 1968, which provided a charter for the City of Emporia, relating to appointments to housing and redevelopment authority.

088316756

H.B. 1217

Patron: Tyler

Charter; Town of Lawrenceville.  Changes the office of town treasurer from an elected to an appointed position and makes other technical changes.

A BILL to amend and reenact §§ 4 and 5A, and § 6, as amended, of Chapter 194 of the Acts of Assembly of 1934, which provided a charter for the Town of Lawrenceville, relating to town officers.

088480756

H.B. 1342

Patron: Barlow

Lien for water and sewer charges. Adds the County of Isle of Wight to those localities that may provide that charges imposed for water or sewers shall be a lien on the real estate served by such waterline or sewer. Where residential rental real estate is involved, no lien shall attach (i) unless the user of the water or sewer services is also the owner of the real estate or (ii) unless the owner of the real estate negotiated or executed the agreement by which such water or sewer services were provided to the property.

A BILL to amend and reenact § 15.2-2118 of the Code of Virginia, relating to liens for water and sewer charges.

087027428

H.B. 1355

Patron: Bulova

Sewage treatment plants.  Provides that whenever the governing body of a locality or a combination of governing bodies of two or more localities is expanding or upgrading a sewage treatment plant, the facility shall be expanded or upgraded so that it has the capability to accept and treat the septage from all onsite sewage disposal systems, which are not adequately served by another approved disposal site, located in the locality or combination thereof to be served by such plant.

A BILL to amend and reenact § 15.2-2123 of the Code of Virginia, relating to sewage treatment plants.

083041444

H.B. 1437

Patron: Bulova

Conservation of trees during the land development process for air quality improvement in certain localities. Provides that certain localities may, by ordinance, require conservation of trees during the development process. The bill also provides that the tree conservation ordinance may require that the site plan for any subdivision or development provide for the preservation and replacement of trees on the development site such that the minimum tree canopy or tree cover percentage 10 years after development is projected to be as follows: (i) 10 percent tree canopy for a site zoned business, commercial, or industrial; (ii) 10 percent tree canopy for a residential site zoned 20 or more units per acre; (iii) 15 percent tree canopy for a residential site zoned more than eight but less than 20 units per acre; (iv) 20 percent tree canopy for a residential site zoned more than four but not more than eight units per acre; (v) 25 percent tree canopy for a residential site zoned more than two but not more than four units per acre; and (vi) 30 percent tree canopy for a residential site zoned two or less units per acre. Finally, the bill mandates that any tree conservation ordinance provide for certain deviations from the canopy requirements.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-961.1, relating to the conservation of trees during land development process in localities.

083042444

H.B. 1480

Patron: Kilgore

Allowances to injured deputy sheriffs.  Requires a locality to allow a deputy sheriff injured in the line of duty to use accrued vacation, compensatory, and sick leave to supplement his workers’ compensation allowance, so as to receive 100 percent compensation. The bill also requires the locality to continue to pay any employer's share of certain health insurance coverage for the injured deputy and his dependents.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-1511.01, relating to allowances to injured deputy sheriffs.

084791588

H.B. 1496

Patron: Bowling

Southwest Regional Recreation Authority. Establishes an authority for Southwest Virginia to create a multi-purpose regional recreational area similar to, and potentially adjoining, such areas in West Virginia and Kentucky. The recreational area might consist of various trails and other amenities on private open-space lands where members of the public could, for example, hunt, fish, boat, camp, ride motorcycles or all-terrain vehicles, ride mountain bikes, or ride horses. The Southwest Regional Recreation Authority would have various powers to manage the area by raising funds, employing staff, and adopting rules punishable by civil penalties. Landowners participating in the recreation area would be afforded a limited liability for persons engaging in recreational activities on their property.

A BILL to amend the Code of Virginia by adding in Title 15.2 a chapter numbered 60.1, consisting of sections numbered 15.2-6016 through 15.2-6024, relating to the Southwest Regional Recreation Authority.

088854436

H.B. 1527

Patron: Phillips

Enforcement of certain sewer charges.  Provides that in Planning District 1 or Planning District 2 a water and waste authority may require that water service provided by another entity be discontinued under certain circumstances for nonpayment of sewer charges.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-5138.1, relating to enforcement of certain sewer charges.

082070680

H.B. 1528

Patron: Phillips

Southwest Virginia Health Facilities Authority.  Makes a change to membership of the board of directors of such authority.

A BILL to amend and reenact § 15.2-5370 of the Code of Virginia, relating to Southwest Virginia Health Facilities Authority.

088827680