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2015 SESSION

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Senate Committee on Local Government

Chairman: Ralph K. Smith

Clerk: Maribeth Turner
Date of Meeting: January 27, 2015
Time and Place: 1/2 Hour after Adjournment, Senate Room B, General Assembly Bldg.

S.B. 726

Patron: Cosgrove

Cash proffer for residential construction; sunset date. Removes the July 1, 2017, expiration of a Code section that delays the payment of certain per-dwelling-unit cash proffers until after the final inspection of the subject property and prior to the issuance of any certificate of occupancy. The removal of the sunset date also extends existing provisions barring the assertion of a cause of action to enforce a right to delayed payment of cash proffers and allowing a court to award fees and costs to a party that prevails in a legal challenge to a conflicting ordinance.

A BILL to amend and reenact § 15.2-2303.1:1 of the Code of Virginia, relating to cash proffers; sunset date.

15100983D

S.B. 795

Patron: Carrico

BVU Authority; cable television. Authorizes the BVU Authority to provide cable television, Internet, and all other services that might be rendered by use of the Authority's fiber-optic system to persons located within the Taylors Valley community of Washington County.

A BILL to amend and reenact § 15.2-2108.11 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-7207.1, relating to Bristol Virginia Utilities Authority; authority to provide cable television and related services in Taylors Valley.

15101564D

S.B. 796

Patron: Lucas

County food and beverage tax; referendum requirement. Removes the requirement that a county food and beverage tax be approved by a referendum before the county may pass an ordinance.

A BILL to amend and reenact §§ 58.1-3833 and 58.1-3842 of the Code of Virginia, relating to county food and beverage tax.

15101941D

S.B. 797

Patron: Locke

Photo red; enforcement. Establishes a procedure by which the operator of a traffic light signal violation monitoring system will mail a "notice of violation" to the alleged violator. If the matter is not resolved within 45 days from the mailing of the notice of violation, a summons may be executed and the matter may be enforced in court. Existing provisions for contesting the matter by filing an affidavit stating that the person was not the operator of the vehicle or by so testifying in court are retained.

A BILL to amend and reenact §§ 15.2-968.1 and 19.2-76.2 of the Code of Virginia, relating to use of photo-monitoring systems to enforce traffic light signals.

15100747D

S.B. 801

Patron: Watkins

Financing of clean energy programs; development of underwriting guidelines. Expands the requirements of a local ordinance authorizing contracts to provide loans for clean energy improvements. The bill adds water efficiency improvements to the list of improvements for which loans may be offered; allows a locality to contract with a third party to administer the loan program; and requires a locality to identify any administrative fee it intends to impose on participants and sets parameters for the imposition of that fee. The bill also details the priority, enforceability, and other characteristics of the lien, now called a voluntary special assessment lien, that a locality is permitted to place against the property where the clean energy systems are installed. Finally, the bill directs the Department of Mines, Minerals and Energy (DMME) to develop underwriting guidelines for local loans made to finance clean energy improvements. The bill requires DMME to finalize the guidelines by December 1, 2015, incorporating input from certain groups representing real estate, energy efficiency, banking, and other interests or industries and evaluating certain specific criteria. This bill is a recommendation of the Virginia Housing Commission.

A BILL to amend and reenact § 15.2-958.3 of the Code of Virginia, relating to the financing of clean energy programs.

15100988D

S.B. 841

Patron: Lucas

Counties; adoption of ordinances; notice by publication. Removes the requirement that counties, except as otherwise required by law, publish notice of an intention to propose an ordinance for two weeks in a newspaper having a general circulation. The bill contains technical amendments.

A BILL to amend and reenact §§ 15.2-107, 15.2-858, 15.2-1414.3, 15.2-1427, 15.2-2114, 15.2-2303.2, 15.2-5704, and 21-118.4 of the Code of Virginia, relating to the adoption of ordinances by counties; notice by publication.

15101932D

S.B. 842

Patron: Lucas

Governing bodies of counties; approval of school budget. Changes the date by which the governing body of a county is required to prepare and approve an annual budget for educational purposes from May 1 or within 30 days of the receipt by the county of the estimates of state funds to May 15 or within 30 days of the receipt by the county of the estimates of state funds.

A BILL to amend and reenact § 22.1-93 of the Code of Virginia, relating to governing bodies of counties; approval of school budget.

15101937D

S.B. 868

Patron: Chafin

Water or sewer systems; delinquent payment of rates and charges. Repeals a provision of the Virginia Water and Waste Authorities Act that limits a landlord's liability for a tenant's separately metered sewer or water charges to three delinquent billing periods of no more than 90 days in total. The provision being repealed also prohibits a water or sewer authority from refusing service to the affected premises, or other premises of the landlord, on account of the delinquency as long as the landlord has paid the charges for which he is liable.

A BILL to repeal § 15.2-5124 of the Code of Virginia, relating to water or sewer systems; delinquent payment of rates and charges.

15102480D

S.B. 880

Patron: Lewis

Prohibit retailers from providing disposable plastic shopping bags; local option. Allows any locality by ordinance to prohibit retailers from providing disposable plastic bags to consumers. The bill exempts from any such prohibition reusable bags of a certain thickness and garbage bags that are sold in multiples.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 9 of Title 15.2 a section numbered 15.2-926.3, relating to disposable plastic shopping bags.

15100695D

S.B. 890

Patron: Petersen

Zoning; vehicle title loan businesses and payday lenders. Allows a local zoning ordinance to include reasonable limits on the number of motor vehicle title loan businesses and payday lenders that may be operated at any one time within a zoning district.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2286.2, relating to zoning; vehicle title loan businesses and payday lenders.

15102009D

S.B. 925

Patron: Edwards

School zone speed limit photo-enforcement system. Allows a locality having its own school district or school system to provide by ordinance for the establishment of a school zone speed limit photo-enforcement system imposing monetary liability on the operator of a motor vehicle for failure to comply with the speed limit in a school zone or school crossing in such locality. Proof of a violation of this section shall be evidenced by information obtained from a school zone speed limit photo-enforcement system. In the prosecution for a violation of any local ordinance adopted as provided in this section, prima facie evidence that the vehicle described in the summons issued pursuant to this section was operated in violation of such ordinance, together with proof that the defendant was at the time of such violation the owner, lessee, or renter of the vehicle, shall constitute in evidence a rebuttable presumption that such owner, lessee, or renter of the vehicle was the person who committed the violation. Imposition of a penalty pursuant to this section shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. No monetary penalty imposed under this section shall exceed $50, nor shall it include court costs.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-968.2, relating to school zone speed limit photo-enforcement system.

15102657D

S.B. 940

Patron: Stuart

Charter; Town of Montross; November elections, town council. Moves the date of election for the members of the town council from May to November, beginning in 2016.

A BILL to amend and reenact § 2, as amended, of Article III of Chapter 560 of the Acts of Assembly of 1950, which provided a charter for the Town of Montross in the County of Westmoreland, relating to election times.

15101502D

S.B. 1014

Patron: Cosgrove

Charter; City of Suffolk. Amends the charter of the City of Suffolk to clarify the roles of the circuit court in appointing members of the board of equalization and of the qualified voters of the city in electing the members of the school board. The bill contains technical amendments.

A BILL to amend and reenact § 8.06 and § 16.02, as amended, of Chapter 367 of the Acts of Assembly of 1973, which provided a charter for the City of Suffolk, relating to the board of equalization and the school board.

15100914D

S.B. 1065

Patron: Obenshain

Cash proffer for residential construction; sunset date. Removes the July 1, 2017, expiration of a current law that delays the payment of certain per-dwelling-unit cash proffers until after the final inspection of the subject property and prior to the issuance of any certificate of occupancy. The removal of the sunset date also extends existing provisions protecting a right to delayed payment of cash proffers and allowing a court to award fees and costs to a party that prevails in a legal challenge to a conflicting ordinance. In addition, the bill repeals the July 1, 2017, expiration of a 2009 act of assembly that lowered the cap on the administrative costs a locality could charge a developer for the dedication of a public right-of-way from 25 percent to 10 percent of the estimated construction cost.

A BILL to amend and reenact § 15.2-2303.1:1 of the Code of Virginia and to repeal the second enactment of Chapter 193 of the Acts of Assembly of 2009, as amended by Chapter 508 of the Acts of Assembly of 2012, relating to cash proffers; sunset date.

15101705D

S.B. 1103

Patron: McWaters

Distribution of disposable plastic shopping bags prohibited; local option. Allows any locality by ordinance to prohibit the distribution, sale, or offer of disposable plastic shopping bags to consumers. The bill exempts from any such prohibition reusable bags of a certain thickness; bags that are used to carry certain products, such as ice cream or newspapers; and garbage bags that are sold in multiples.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 9 of Title 15.2 a section numbered 15.2-926.3, relating to disposable plastic shopping bags.

15101066D

S.B. 1144

Patron: Garrett

Local economic development. Provides that the Virginia income tax net revenue and sales and use tax generated by certain corporations or limited liability companies within a qualified locality shall be transferred to the qualified locality under certain conditions. A qualified locality is one that (i) has made application to the Virginia Economic Development Partnership Authority for a Major Employment and Investment Project Site Planning Grant pursuant to § 2.2-2240.2 and has been rejected for such grant and (ii) has expended local funds for the economic development purposes specified in § 2.2-2240.2. The total amount eligible to be returned to a qualified locality shall not exceed $5 million for any single economic development project.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-941.1, relating to local economic development.

15102535D

S.B. 1248

Patron: Deeds

Volunteer property maintenance and zoning inspectors. Adds Charlottesville to the list of cities that may use volunteers to issue notices of noncompliance with certain ordinances related to property maintenance and zoning.

A BILL to amend and reenact § 15.2-1132 of the Code of Virginia, relating to volunteer property maintenance and zoning inspectors.

15100976D

S.B. 1257

Patron: Smith

Cash proffers; acceptance by localities. Repeals the July 1, 2017, expiration of a 2010 Act of Assembly that delays collection or acceptance of a cash proffer by a locality until the completion of the final inspection of the subject property and prior to the time of the issuance of any certificate of occupancy.

A BILL to repeal the second enactment of Chapter 613 of the Acts of Assembly of 2010, as amended by Chapter 508 of the Acts of Assembly of 2012, relating to cash proffers; issuance of certificate of occupancy.

15102679D

S.B. 1276

Patrons: Edwards, Stanley

Charter; City of Roanoke. Shifts authority to appoint the director of finance from the city council to the city manager.

A BILL to amend and reenact §§ 8, 9, 21, 23, 25.1, 33, and 56, as amended, of Chapter 216 of the Acts of Assembly of 1952, which provided a charter for the City of Roanoke, relating to the director of finance.

15103614D

S.B. 1355

Patron: Reeves

Local planning commission; action on proposed plat. Applies certain provisions, including a 60-day time limit, to the process of approval by any local planning commission of a plat or site plan that solely involves commercial real estate. Currently, the provisions apply only to planning commissions in localities with a population greater than 90,000 based on the 2000 United States Census. The bill also contains technical amendments.

A BILL to amend and reenact § 15.2-2259 of the Code of Virginia, relating to planning commission action on proposed plat.

15103176D

S.B. 1375

Patron: Alexander

School boards; elections; City of Norfolk. Requires that a locality that has passed a referendum to switch from appointed to elected school boards hold the initial election of school board members at the first regular general election in which members of the locality's governing body are elected following the passage of the referendum. The bill also repeals provisions governing the appointment of the school board for the City of Norfolk. The bill has a delayed effective date.

A BILL to amend and reenact §§ 22.1-32 and 22.1-57.3 of the Code of Virginia and to repeal § 22.1-51 of the Code of Virginia, relating to school boards; elections; City of Norfolk.

15103026D

S.B. 1384

Patron: Black

Certain industrial uses; transmission lines. Requires that a zoning ordinance shall provide that any proposed data center that will require utilization of a 230 kilovolt electrical transmission line shall be located only in an area zoned for industrial use. However, if a zoning ordinance authorizes a data center, or similar land use, that will require utilization of a 230 kilovolt or greater electrical transmission line outside of an area zoned for industrial use, any electrical transmission lines that support such a land use and that are located at a distance greater than 300 feet from an existing electrical transmission line shall be placed underground at the expense of the owner of the data center.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2293.3, relating to certain industrial uses; transmission lines.

15103644D

S.B. 1396

Patron: Stanley

Authority related to disposition of certain utilities; Cities of Danville and Martinsville; report to House and Senate Commerce and Labor Committees. Provides that the city council of the City of Danville and the city council of the City of Martinsville may, by ordinance adopted by an affirmative vote of two-thirds of all of its members, abolish all or part of its utilities, or sell all or part of its utilities, including all of its related assets, or transfer the functions thereof, to an investor-owned utility, a merchant utility service provider, or a cooperative regulated by the State Corporation Commission if it is found to be in the public interest. Also, the bill requires the Commission on Electric Utility Regulation, the State Corporation Commission, and the Attorney General to report to the House and Senate Commerce and Labor Committees by November 22, 2015, on tax practices, return on investment practices, purchase power practices, regional congestion pricing practices, and general municipal utility efficiencies that have led to higher costs for some municipal electric utility and natural gas consumers compared with average statewide consumers.

A BILL to authorize the Cities of Danville and Martinsville to abolish utilities or to sell certain utilities, or transfer functions thereof, to certain entities.

15103688D

S.B. 1448

Patron: Vogel

Community development authorities. Provides that any special tax levied or any special assessment imposed by a locality pursuant to an agreement with a community development authority, whether previously or hereafter levied or imposed, constitutes a lien on real estate ranking on parity with real estate taxes, and any such delinquent special tax or delinquent special assessment may be collected in accordance with established procedures. The bill contains an emergency clause.

A BILL to amend and reenact § 15.2-5158 of the Code of Virginia, relating to community development authorities.

15103660D

EMERGENCY