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2009 SESSION

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094426780
HOUSE BILL NO. 1975 Offered January 14, 2009 Prefiled January 13, 2009 A BILL to amend the Code of Virginia by adding in Chapter 38 of Title 58.1 an article numbered 11, consisting of a section numbered 58.1-3852, relating to local incentives and regulatory flexibility for the use of green roofs. ---------- Patrons-- Ware, R.L., Ebbin and Ware, O. ---------- Referred to Committee on Counties, Cities and Towns ----------

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Chapter 38 of Title 58.1 an article numbered 11, consisting of a section numbered 58.1-3852 as follows:

Article 11. Local Incentives for Green Roofs.

§ 58.1-3852. Incentives for green roofing.

A. As used in this article, unless the context clearly shows otherwise, the term or phrase:

"Green roof" means a solar roof or a vegetative roof.

"Solar roof" means a solar roofing system that generates reusable energy, which reusable energy accounts for at least 2.5 percent of the total electric energy used by the building to which the solar roofing system is attached.

"Vegetative roof" means a roofing system in which at least 50 percent of the total roofing area is vegetative.

B. Any county, city, or town may, by ordinance, grant incentives or provide regulatory flexibility to encourage the use of green roofs in the construction, repair, or remodeling of residential and commercial buildings. Any such incentive or regulatory flexibility shall require that green roofs be used.

C. The incentives or regulatory flexibility may include, but shall not be limited, to (i) a reduction in permit fees when green roofs are used, (ii) a streamlined process for the approval of building permits when green roofs are used, or (iii) a reduction in any gross receipts tax on green roof contractors as defined by the local ordinance.

D. The extent and duration of the incentives or regulatory flexibility shall conform to the requirements of the Constitutions of Virginia and of the United States.

2.  That the Department of Taxation shall work with the Virginia Association of Roofing Contractors, the Virginia Municipal League, the Virginia Association of Counties, and other interested persons to determine the fiscal impact of an exemption from the retail sales and use tax for materials and supplies used directly in the construction of a green roof.  The Department shall provide the written fiscal impact to the chairmen of the House Committee on Appropriations, House Committee on Finance, and Senate Committee on Finance by no later than October 1, 2009.