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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2016 SESSION
Chairman: William M. Stanley, Jr.
Clerk: John Garrett
Staff: Jeffrey Sharp, Scott Meacham
Date of Meeting: February 2, 2016
Time and Place: 1/2 hour after adjournment / Senate Room B
S.B. 153 Orange County; taxes for certain local improvements.
Patron: Reeves
Taxes for certain local improvements; Orange County. Adds Orange County to those localities with authority to impose taxes or assessments upon the abutting property owners for the initial improving and paving of an existing street provided not less than 50 percent of such abutting property owners who own not less than 50 percent of the property abutting such street request the improvement or paving. The law provides that the taxes or assessments permitted shall not be in excess of the peculiar benefits resulting from the improvements to such abutting property owners.
A BILL to amend and reenact § 15.2-2404 of the Code of Virginia, relating to taxes for certain local improvements.16101842D
S.B. 231 Virginia Indoor Clean Air Act; e-cigarettes.
Patron: Miller
Virginia Indoor Clean Air Act; e-cigarettes. Expands the definition of "smoking" in the Virginia Indoor Clean Air Act to include vapor products. Vapor stores are excluded from the scope of Act.
A BILL to amend and reenact §§ 15.2-2820 and 15.2-2821 of the Code of Virginia, relating to Virginia Indoor Clean Air Act.16101811D
S.B. 251 Legal notices; advertisement of by certain towns.
Patron: Black
Advertisement of legal notices by certain towns. Provides that in any town within the Counties of Fairfax, Loudoun, and Prince William that does not have a newspaper of general circulation located within its boundary, legal notices may be published on the locality's website instead of in a newspaper having general circulation in the locality.
A BILL to amend and reenact § 15.2-107.1 of the Code of Virginia, relating to advertisement of legal notices.16101902D
S.B. 270 Sanctuary policies; prohibited.
Patron: Garrett
Sanctuary policies prohibited. Provides that no locality shall adopt any ordinance, procedure, or policy that restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law. The General Assembly shall reduce state funding to the extent permitted by state and federal law to any locality found to have violated the provisions of the bill.
A BILL to amend the Code of Virginia by adding a section numbered 15.2-1409.1, relating to sanctuary policies.16100723D
S.B. 309 Annexation.
Patron: Hanger
Annexation. Extends the current moratorium on city annexations and county immunity actions by 10 years to 2028. Provisions that would trigger the early expiration of the moratorium if the General Assembly fails to appropriate certain amounts for local law-enforcement expenditures are exempted through the 2026-2028 biennium. The Commission on Local Government is directed to evaluate the structure of cities and counties in the Commonwealth and the impact of annexation upon localities. In doing so, the Commission shall consider alternatives to the current moratorium on annexation by cities. The Commission shall issue its findings and recommended policy changes to the General Assembly no later than December 1, 2025.
A BILL to amend and reenact § 15.2-3201 of the Code of Virginia, relating to annexation.16103788D
S.B. 329 BVU Authority; alters Board powers and duties, change in membership, repeals certain provision.
Patron: Carrico
BVU Authority; Board powers, officers; broadband; FOIA. Reduces from nine to seven the number of directors on the Board of Directors (the Board) of the BVU Authority (the Authority) and alters the methods of their appointment and their powers and duties. The bill removes the current membership of the Board, comprising six citizens of Bristol, Virginia, two Bristol City Council members, and one member of the Board of Supervisors of Washington County, and institutes in their place a board of seven directors, comprising (i) one citizen of each of the following localities with its appointing authority: the City of Bristol, appointed by the Governor; the Town of Abingdon or the City of Bristol, appointed by the Board; Scott County, appointed by the Speaker of the House of Delegates; and Washington County, appointed by the Senate Committee on Rules, and (ii) one member of the governing body of each of the localities of the City of Bristol, the Town of Abingdon, and Washington County, appointed by their respective governing bodies.
The bill changes the operation of the Board by altering certain requirements regarding bylaws, eliminating the Board's authority to appoint an attorney, requiring an annual vote to retain independent legal counsel, and barring Board members from receiving financial compensation for service. The bill alters the authority of the Board president by eliminating his power to enter into long-term employment contracts with Authority employees. It also limits a president's term of service to a renewable term of three years and bars any severance agreement for the president amounting to more than one year's base salary.
The bill clarifies that the Authority is prohibited from making charitable donations, contracting with or becoming a wireless service authority, or contracting with a locality to have it acquire property for the Authority by eminent domain. The bill eliminates several Authority-related records and open meeting exemptions from the Freedom of Information Act.
The bill changes the Authority's broadband-related powers, allowing it to offer and operate broadband and cable television service only in specified areas. The Authority's first broadband priority is to be the construction of wired broadband infrastructure in unserved areas, and its power to apply for grants for broadband projects is defined in conjunction with that priority. Any broadband networks the Authority builds are to be operated on an open-access basis.
The bill directs the Auditor of Public Accounts to examine the accounts of the Authority by July 1, 2016, and contains an emergency clause.
A BILL to amend and reenact §§ 2.2-3705.6, 2.2-3711, 15.2-2160, 15.2-7202, 15.2-7203, 15.2-7205 through 15.2-7208, and 56-265.4:4 of the Code of Virginia and to repeal § 15.2-2108.18 of the Code of Virginia, relating to the BVU Authority.16103334D
EMERGENCY
S.B. 371 Advertisement of legal notices by certain towns.
Patron: Wexton
Advertisement of legal notices by certain towns. Provides that in any town within the Counties of Fairfax, Loudoun, and Prince William that does not have a newspaper of general circulation located within its boundary, legal notices may be published on the locality's website instead of in a newspaper having general circulation in the locality.
A BILL to amend and reenact § 15.2-107.1 of the Code of Virginia, relating to advertisement of legal notices.16103908D
S.B. 414 Land Bank Entities Act.
Patron: Barker
Land Bank Entities Act. Authorizes the establishment of
a land bank entity by any locality or two or more localities combined to assist
in addressing vacant, abandoned, and tax-delinquent
A BILL to amend and reenact § 58.1-3970.2 of the Code of
Virginia and to amend the Code of Virginia by adding in Title 15.2 a chapter
numbered 75, consisting of sections numbered 15.2-7500 through 15.2-7512,
relating to the Land Bank Entities Act.
16103380D
S.B. 426 Virginia Community Impact Authority and Fund; created, report.
Patron: Vogel
Virginia Community Impact Authority and Fund.
Establishes the Virginia Community Impact Authority with the authority
to (i) provide grants, investments, and loans to support job training
programs, health care delivery systems, and affordable housing programs
and initiatives; (ii) provide start-up capital and loans to assist
private enterprises; (iii) provide grants to local community impact
funds; (iv) support clean and energy-efficient programs and initiatives;
and (v) support other initiatives that are determined by the Authority
to have a meaningful community impact. The grants, investments, and
loans are to be made from the Virginia Community Impact Fund, established
by the bill, which is to be funded by allocation of one percent of
the total consideration paid by state public bodies in state procurement
contracts valued at more than $300,000.
16100552D
S.B. 451 Dayton, Town of; amending charter, reduces size of council from seven to six members.
Patron: Obenshain
Charter; Town of Dayton. Removes an outdated
reference to a council composed of seven members. The town's charter
was amended in 2011 to reduce the size of the council from seven to
six members. The bill contains an emergency clause.
16101771D
EMERGENCY
S.B. 468 Local stormwater utility; waiver of charges to real property, retention of water on site.
Patron: Wagner
Local stormwater utility; waiver of charges;
retention of water on site. Provides that a locality establishing
a stormwater utility or service charge system shall waive charges
to any real property that retains its stormwater on site and thereby
permanently produces no stormwater flow or pollutant loading.
16101308D
S.B. 469 Local stormwater utility; payment to best management practice (BMP) operator accepting runoff.
Patron: Wagner
Local stormwater utility; payment to BMP operator
accepting runoff. Requires any locality that operates a local
stormwater management program to pay the private operator of a nutrient-reducing
best management practice (BMP) if it requires such operator to accept
stormwater runoff from an upstream property. The BMP operator is to
be paid 50 percent of the stormwater utility charge assessed to the
upstream owner.
16101309D
S.B. 481 Vacant building; registration with cities and towns.
Patron: Ebbin
Vacant building registration. Requires either
that a vacant building be vacant for 12 months or that it meet the
definition of "derelict building" under § 15.2-907.1 before cities
and certain towns may require the building's owner to register it
and pay an annual registration fee. Current law requires that such
a building comply with both the vacancy period and the definition
of "derelict building."
16102779D
S.B. 527 Bomb threats; reimbursement of expenses incurred in emergency response.
Patron: Stuart
Bomb threats; reimbursement of expenses incurred
in emergency response. Authorizes any locality to provide by ordinance
that a person convicted of a felony violation of the bomb threat statute
or the statute that penalizes the incitement of a bomb threat shall
be liable for the reasonable expense, not to exceed $1,000, of an
appropriate emergency response to the threat. Current law allows such
an ordinance to subject a person to liability for the expense of the
emergency response to an imitation version of a weapon of terrorism
or fire bomb or other explosive device.
16100380D
S.B. 530 Cable franchises; service availability in certain areas.
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 physical address of the nearest
dwelling or building at which service from the provider is available.
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.
16103805D
S.B. 542 Delinquent sewer charges; lien on property, unlimited time.
Patron: Obenshain
Delinquent sewer charges; lien; unlimited time.
Allows a sewer authority that provides only sewer service to place
a lien on the property receiving the service in the amount of any
number of months of delinquent charges. Current law allows the placement
of liens in the amount of up to three months of delinquent water and
sewer charges.
16102424D
S.B. 547 Water and sewer service; certain liens for delinquent charges.
Patron: Edwards
Water and sewer service provided by locality.
Provides that certain liens for the unpaid fees and charges of
a lessee or tenant shall be placed only if the owner of the property
has agreed in writing at the time service is initiated to be responsible
for such unpaid fees and charges.
16103511D
S.B. 549 Conditional zoning.
Patrons: Obenshain,
Saslaw
Conditional zoning. Provides that no locality shall (i)
request or accept any unreasonable proffer in connection with a rezoning or a
proffer condition amendment as a condition of approval of a new residential development
or new residential use or (ii) deny any rezoning application, including an
application for amendment to an existing proffer, for a new residential
development or new residential use where such denial is based on an applicant’s
failure or refusal to submit, or remain subject to, an unreasonable proffer. A
proffer shall be deemed unreasonable unless it addresses an impact that is
specifically and uniquely attributable to a proposed new residential
development or other new residential use applied for. An off-site proffer
shall be deemed unreasonable pursuant to the above unless it addresses an
impact to an off-site public facility, such that, (a) the new residential
development or new residential use creates a need, or an identifiable portion
of a need, for one or more public facility improvements in excess of existing
public facility capacity at the time of the rezoning or proffer condition
amendment, and (b) each such new residential development or new residential use
applied for receives a direct and material benefit from a proffer made
with respect to any such public facility improvements. In any action in
which a locality has denied a rezoning or an amendment to an
existing proffer and the aggrieved applicant proves by a preponderance
of the evidence that it refused or failed to submit, or remain subject to, an unreasonable proffer that it has proven was
suggested, requested, or required, formally or informally, by the locality, the
court shall presume, absent clear and convincing evidence to the contrary, that
such refusal or failure was the controlling basis for the denial. The bill also
provides that certain conditional rezoning proffers related to building
materials, finishes, methods of construction, or design features on a new
residential development are prohibited. 16103808D
S.B. 681 Annexation moratorium; extends for city annexations and county immunity actions.
Patron: Vogel
Annexation moratorium. Extends the current
moratorium on city annexations and county immunity actions by two
years to 2020. Provisions that would trigger the early expiration
of the moratorium if the General Assembly fails to appropriate certain
amounts for local law-enforcement expenditures are exempted through
the 2016-2018 biennium.
16104027D
S.B. 705 Sanctuary cities; liability for certain injuries and damages.
Patron: Black
Liability of sanctuary cities for certain injuries
and damages. Provides that a sanctuary city, defined in the bill
as any locality that adopts any ordinance, procedure, or policy that
restricts the enforcement of federal immigration laws to less than
the full extent permitted by federal law, shall be responsible for
the full amount of any personal injury or property damage caused by
an illegal alien within such locality.
16103669D
S.B. 720 Environmental cleanup programs; localities may by ordinance establish.
Patron: Lewis
Local environmental cleanup programs. Allows
localities to establish a voluntary environmental cleanup program
to provide recognition to retailers that establish practices such
as credit to consumers who use reusable bags or the recycling of plastic
bags. The bill allows for imposition of a fee on retailers that do
not participate in the program and allows the locality to use collected
fees for environmental cleanup.
16104267D
S.B. 735 Local planning commission; action on proposed plat, commercial real estate.
Patron: Obenshain
Local planning commission; action on proposed plat;
commercial real estate. Shortens the period within which a local planning
commission or other agent must act on a proposed plat, site plan, or plan of development
that solely involves parcels of commercial real estate. The bill shortens from
60 days to 30 days the period within which the commission shall act on a plat
that has been officially submitted for approval and reduces from 45 days to 20
days the period for action on a plat that the commission has previously
disapproved. The bill reduces from 10 business days to
seven business days the period within which the commission is required
to forward the plat to a state agency if a review by the agency is required,
and the agency's initial review period is reduced from 45 days to 20 days. The
agency's second review period, for a plat that has previously been disapproved,
is reduced from 45 days to 15 days. Once a plat receives all state agency
approvals, the period for planning commission action on it is reduced from 35
days to 15 days. Finally, the bill reduces the periods of time that must pass
before the subdivider is allowed to petition the
circuit court for a decision on the plat from 60 days to 30 days after official
submission for approval, from 45 days to 20 days
after official resubmission following a previous disapproval, and from 35 days to 15 days from receipt of any state
agency response. The bill also reduces the notice period required for the subdivider's
petition to the court from 10 days to five days. 16103897D
S.B. 751 Limited Residential Lodging and Short-term Rental Lodging Act; penalty.
Patron: DeSteph
Limited Residential Lodging and Short-term Rental
Lodging Act; penalty. Establishes the Limited Residential Lodging
and Short-term Rental Lodging Act (the Act), which allows (i) property
owners to rent out their homes or portions thereof for a charge for
periods of less than 30 consecutive days or (ii) short-term rentals
of residential or commercial units; both of which may be transacted
through a hosting platform, under certain circumstances. The bill
requires an operator of either limited residential lodging or short-term
rental lodging to register with the Department of Taxation. The hosting
platform may register with the Department of Taxation, in which case
the hosting platform is responsible for the collection and remittance
of all applicable taxes on behalf of the property owner. The bill
provides for the amount of license tax on such operators. The bill
provides that any local ordinance requiring the use of the special
exception, special use, or conditional use permit for short-term rental
lodging contain specific provisions relating to noise, trash or recycling
collection, and the posting of emergency information. The bill defines
"limited residential lodging," "booking transaction," "hosting platform,"
"short-term lodger," short-term lodging operator," and "short-term
rental lodging," and provides for penalties for violations of the
Act.
16104260D
S.B. 769 Bedford; references to the former city of Bedford.
Patron: Suetterlein
Bedford; references to the former city of Bedford.
Removes references to the former City of Bedford in certain sections
of the Code. Bedford reverted to town status in 2013.
16104349D