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2010 SESSION

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Senate Committee on Local Government

Chairman: L. Louise Lucas

Clerk: Carol Lynne Shotton
Staff: Rebecca Young, Jeffrey Sharp
Date of Meeting: January 26, 2010
Time and Place: 2:00 p.m. Senate Room B GAB

S.B. 12

Patron: Wampler

Bristol Virginia Utilities Authority.  Creates an authority and converts Bristol Virginia Utilities into that authority, to be known as the BVU Authority.

S.B. 19

Patron: Lucas

Disposal of solid waste fees; Isle of Wight and Southampton County.  Allows Isle of Wight County and Southampton County to levy fees upon each household for disposal of solid waste as long as said fee does not exceed the fees paid by the county to the Southeastern Public Service Authority of Virginia, or its successors or assigns, for disposal of solid waste. Further grants Isle of Wight County and Southampton County the same authority Accomack, Highland, and Wise Counties have regarding such fees.

S.B. 64

Patron: Lucas

Local government authority to regulate signs.  Provides that a zoning ordinance may include provisions for the regulations of signs in the highway rights of way. Localities may also adopt an ordinance in order to control signs within any highway rights of way and to control local enforcement of such signage. If a locality enacts an ordinance to regulate signs and also authorizes volunteers to enforce the provisions of such an ordinance, the volunteer, and any local government employee, will be personally liable to the owner of the signs for any damage that may result from such enforcement. Additionally, the Commonwealth Transportation Commissioner may enter into agreements with any locality, instead of just Fairfax County, authorizing local law-enforcement agencies to act as agents of the Commissioner for purposes of this legislation. Finally, this legislation limits the definition of excavation to not include installation of a sign that is installed by pushing metal, plastic or wooden poles in the ground.

S.B. 110

Patron: Petersen

Clean energy financing.  Gives localities the authority to, in order to secure loans for the initial acquisition and installation of clean energy improvements, place liens ranking on parity with liens for unpaid property taxes against any property where such renewable energy systems are being installed. Further allows the locality to bundle the loans for transfer to private lenders in such a manner that would allow the liens to remain in full force to secure the loans.

S.B. 123

Patron: Petersen

Single lot development; stormwater management.  Requires the developer of a single lot to provide stormwater management where substantial redevelopment of the lot is proposed. Defines “substantial redevelopment” as land-disturbing activities that occur on more than 15 percent of the square footage of any single lot.

Impact Statements

S.B. 222

Patron: Puller

Department of Transportation land use review. Exempts localities and citizens groups from payment of certain Department fees for review of land use proposals. Also, citizen groups are exempted from conducting any required traffic impact analysis that may be required at the time of a comprehensive plan amendment.

S.B. 231

Patron: Watkins

Charter; County of Chesterfield. Amends the county charter to authorize the county administrator to obtain the same information that the commissioner of revenue obtains from the state tax department and that the commissioner of revenue provides to the state tax department.

S.B. 252

Patron: Reynolds

Manufacturing facility.  Expands the current definition of manufacturing facility to include (i) any facility which is used in the creation or production of intangible property as described in § 197(d)(1)(C)(iii) of the Internal Revenue Code of 1986, as amended, to be any patent, copyright, formula, process, design, pattern, knowhow, format, or other similar item, or (ii) a facility which is functionally related and subordinate to a manufacturing facility if such facility is located on the same site as the manufacturing facility. This definition is being expanded so that Virginia Code is consistent with the Federal American Recovery and Reinvestment Act of 2009, Section 1301.

S.B. 268

Patron: Whipple

Dangerous weapons in government facilities.  Provides that the governing body of any locality may, by ordinance, make it unlawful for any person to possess a dangerous weapon upon the property, including buildings and grounds thereof, of any facility that is owned or leased by that locality and used by it for governmental purposes.

S.B. 271

Patron: Whipple

Board of equalization; County manager plan of government.  Authorizes the board of supervisors of localities with a county manager plan of government to appoint a board of equalization of Real Estate Assessments composed of no more than 11 members. The board of equalization may sit in panels of at least three members each, and each panel shall perform its duties independently of the others. This legislation also makes technical changes to the Code.

Impact Statements

S.B. 278

Patron: Quayle

Disposal of solid waste fees; Isle of Wight and Southampton County. Allows Isle of Wight County and Southampton County to levy fees upon each household for disposal of solid waste as long as said fee does not exceed the fees paid by the county to the Southeastern Public Service Authority of Virginia, or its successors or assigns, for disposal of solid waste. Further grants Isle of Wight County and Southampton County the same authority Accomack, Highland, and Wise Counties have regarding such fees.

S.B. 291

Patron: Deeds

Donations by localities; energy efficiency. Provides that a locality may make gifts and donations to any nonprofit organization, association, or agency that is engaged in providing energy efficiency services or promoting energy efficiency within or without the boundaries of the locality.

S.B. 315

Patron: Locke

Fort Monroe Authority Act.  Establishes the Fort Monroe Authority as a public body corporate and as a political subdivision of the Commonwealth to be governed by a 12-member Board of Trustees. As a result of decisions made by the federal Base Realignment and Closure Commission, Fort Monroe will cease to be an army base in 2011, and at that time most of the site will revert to the Commonwealth. Among other duties, the Authority shall have the power to oversee the preservation, conservation, protection, and maintenance of the Commonwealth’s real property interests at Fort Monroe and the renewal of Fort Monroe as a vibrant and thriving community.

S.B. 318

Patron: Ruff

Subdivision ordinance; dedication of public improvements.  Expands the manner by which a developer may provide financial assurances to a locality prior to a locality accepting the dedication of public improvements.

S.B. 322

Patron: Ruff

Clarksville-Boydton Airport Commission; name change.  Changes the name of The Clarksville-Boydton Airport Commission to the Lake Country Airport Commission.

S.B. 401

Patron: Petersen

Urban county executive form of government; use of county tax revenue for secondary road improvements.  Provides that Fairfax County (described by optional form of county government) may by ordinance for any fiscal year choose to retain its portion of the retail sales and use tax that is otherwise remitted to the Commonwealth for transportation purposes.  The director of finance shall have such funds held in escrow by the county for purposes of secondary road improvements.

S.B. 402

Patron: Petersen

Local governments; adoption of ordinances prohibiting delivery of unsolicited newspapers.  Authorizes any locality to adopt an ordinance making it unlawful to deliver unsolicited newspapers on private property if (i) such delivery poses a safety or health hazard to the residence and (ii) the owner of the private property has notified the publisher or distributor of the newspaper in writing to cease delivery.

S.B. 449

Patron: Whipple

Board of equalization; County manager plan of government. Authorizes the board of supervisors of localities with a county manager plan of government to appoint a board of equalization of Real Estate Assessments composed of no more than 11 members. The board of equalization may sit in panels of at least three members each, and each panel shall perform its duties independently of the others. This legislation also makes technical changes to the Code.

S.B. 496

Patron: Hurt

Charter; Town of Chatham.  Amends the charter for the Town of Chatham to change council member and mayoral elections from the second Tuesday in May to the second Tuesday in November. Further changes are made to the appointment procedure and qualification of the town manager. This legislation contains an emergency provision.

EMERGENCY

S.B. 497

Patron: Hurt

Charter; Town of Gretna.  Amends the current charter to allow for elections for mayor and council members to be held on the first Tuesday of November, rather than the first Tuesday of May, effective 2010. This legislation contains an emergency provision.

EMERGENCY

S.B. 503

Patron: Smith

Charter; Town of Fincastle.  Amends the charter for the Town of Fincastle by making technical changes regarding the number of council members, staggering elections of the mayor and town council members, granting the mayor the power to vote, and allowing the town council to hire a town manager, who shall have the powers of the town mayor when appointed. The charter is further amended by adding a section detailing the appointment procedure and duties of the town manager.

S.B. 509

Patron: Smith

Charter; Town of Vinton.  Amends the charter for the town of Vinton by changing the number of days that vacancies on the council shall be filled from within 30 days of when the vacancy occurs to within 45 days of when the vacancy occurs.

S.B. 572

Patron: Ticer

Charter; City of Alexandria.  Amends the charter of the City of Alexandria so that the board of review of real estate assessment is composed of nine members rather than five members, with five members appointed by the circuit court and four members appointed by city council. The bill further amends the charter to allow the board of review to sit in panels of at least three members each, with each panel performing its duties independently of the others. This legislation also changes the standard by which a variance can be granted by eliminating the requirement for a showing of a hardship "approaching confiscation."

S.B. 594

Patron: Marsh

Charter; City of Richmond. Amends the city's charter to clarify that the Council has the authority to appoint legislative, oversight and constituent relations employees and that the Chief Administrative Officer has the authority to supervise only administrative personnel. Further amends the charter to clarify that the personnel of the Richmond Retirement System are under the control of the Retirement System's Board of Trustees and the Board-appointed Executive Director. The proposed changes also remove limitations on the mayor's current veto power and remove the requirement that the city council appoint members of the Richmond Redevelopment and Housing Authority. Lastly, the proposed changes to the charter allow residential property owners to receive waivers of stormwater charges for certain stormwater-related improvements, replacing the credit system currently in place.