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2015 SESSION

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Senate Committee on Local Government

Chairman: Ralph K. Smith

Clerk: Maribeth Turner
Staff: Jeffrey Sharp, Scott Meacham
Date of Meeting: February 3, 2015
Time and Place: 1/2 hour after adjournment, Senate Room B, General Assembly Bldg.

S.B. 767

Patron: Edwards

Mandatory sewer and water connections; Montgomery County. Adds Montgomery County to the list of localities that may require connections to their water and sewer systems by owners of property that can be served by the systems.

A BILL to amend and reenact § 15.2-2110 of the Code of Virginia, relating to water and sewer connections.

15102292D

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. 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. 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. 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. 994

Patron: Stuart

Cluster development; open space; access. Requires that where a locality sets standards for the clustering of single-family dwellings and the preservation of open space, the standards may prohibit the division of a development's open space into discontiguous areas, require certain open space to be accessible to all dwellings in the development, and require certain open space to be usable by residents. The bill contains technical amendments.

A BILL to amend and reenact § 15.2-2286.1 of the Code of Virginia, relating to cluster development; open space; access.

15101256D

S.B. 1011

Patron: Stuart

Cash proffers; purchase of development rights by locality. Allows a locality to use a cash payment voluntarily proffered by a landowner to purchase development rights within the locality in accordance with the comprehensive plan and local ordinances allowing for the transfer of development rights. The bill provides that the locality seeking to purchase such rights must first notify the proffering landowner and conduct a public hearing. Following the hearing, the locality is required to find that the purchase is in accordance with the local ordinance allowing the transfer of development rights, the rights to be purchased are within the areas identified in the comprehensive plan for land conservation, and the purchase is in the public interest. The bill contains technical amendments.

A BILL to amend and reenact § 15.2-2303.2 of the Code of Virginia, relating to cash proffers; purchase of development rights by locality.

15101258D

S.B. 1047

Patron: Hanger

Stormwater utility fee; waiver. Clarifies the requirement that a local stormwater utility waive charges to property that is covered by a permit to discharge stormwater from a municipal separate storm sewer system (MS4) and owned by a government or public entity, regardless of whether the property is titled in the name of the permit holder.

A BILL to amend and reenact § 15.2-2114 of the Code of Virginia, relating to stormwater utility fees.

15100925D

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. 1392

Patron: Garrett

Planning district commissions; composition; regional partners. Authorizes planning district commissions to grant representation to regionally significant partner institutions or entities that are not local governments.

A BILL to amend and reenact §§ 15.2-4202 and 15.2-4203 of the Code of Virginia, relating to planning district commissions; composition.

15103257D

S.B. 1443

Patron: Miller

Comprehensive plan; sea-level rise. Provides that any locality included in the Hampton Roads Planning District Commission shall incorporate into the next scheduled and all subsequent reviews of its comprehensive plan strategies to combat projected sea-level rise and recurrent flooding. Such review shall be coordinated with the other localities in the Hampton Roads Planning District Commission. The Department of Conservation and Recreation, the Marine Resources Commission, and the Virginia Institute of Marine Science shall provide technical assistance to any such locality upon request.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2223.3, relating to comprehensive plan; sea-level rise.

15102981D

S.B. 1458

Patron: Stuart

Cable franchises. Provides that local ordinances to adopt a cable franchise shall require that a cable operator make service available in areas where the average occupied residential household density is not less than 20 occupied residential dwelling units per mile as measured from the nearest dwelling with existing cable service. The current statute requires a standard of not less than 30 occupied residential dwelling units per mile as measured from the nearest technically feasible point on the cable operator's active cable system.

A BILL to amend and reenact § 15.2-2108.22 of the Code of Virginia, relating to cable franchises.

15104198D