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2016 SESSION

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Senate Committee on Local Government

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 real properties. Under the bill, after a referendum has been held on the question of creating a land bank entity, the locality has the option of (i) creating an authority or a nonprofit, nonstock corporation or (ii) designating an existing nonprofit entity that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code and eligible to receive donations from a locality pursuant to § 15.2-953 to carry out the functions of such land entity. The bill provides that land bank entities may acquire real property within participating localities or receive transfers and conveyances from the participating localities. Land bank entities are authorized to receive funding through grants and loans from participating localities, the Commonwealth, the federal government, and other public and private sources. In addition, the bill authorizes a locality to deem paid in full all accumulated taxes, penalties, interest, and other costs on any tax-delinquent property in exchange for conveyance of the property by the owner to a land bank entity. The bill also authorizes a participating locality to remit to the land bank entity up to 50 percent of the real property taxes collected on real property conveyed by a land bank entity for up to 10 years after the conveyance. This bill is a recommendation of the Virginia Housing Commission.

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.

A BILL to amend the Code of Virginia by adding in Chapter 22 of Title 2.2 an article numbered 11, consisting of sections numbered 2.2-2351 through 2.2-2356, and by adding sections numbered 2.2-4311.3 and 15.2-958.5:1, relating to the Virginia Community Impact Authority.

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.

A BILL to amend and reenact § 3.5 of Chapter 136 of the Acts of Assembly of 1988, as amended by Chapter 300 of the Acts of Assembly of 1999, which provided a charter for the Town of Dayton in the County of Rockingham, relating to election of council.

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.

A BILL to amend and reenact § 15.2-2114 of the Code of Virginia, relating to local stormwater utility; waiver of charges where stormwater retained on site.

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.

A BILL to amend and reenact § 15.2-2114 of the Code of Virginia, relating to local stormwater utility; payment to BMP operator accepting runoff.

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."

A BILL to amend and reenact § 15.2-1127 of the Code of Virginia, relating to vacant building registration.

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.

A BILL to amend and reenact § 15.2-1716.1 of the Code of Virginia, relating to reimbursement of expenses; response to bomb threat.

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.

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

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.

A BILL to amend and reenact § 15.2-2119 of the Code of Virginia, relating to sewer authorities; liens for delinquent 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.

A BILL to amend and reenact § 15.2-2119 of the Code of Virginia, relating to delinquent water and sewer 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.

 

A BILL to amend the Code of Virginia by adding sections numbered 15.2-2303.4 and 15.2-2303.5, relating to conditional zoning.

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.

A BILL to amend and reenact § 15.2-3201 of the Code of Virginia, relating to annexation moratorium.

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.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-1409.1, relating to sanctuary policies.

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.

A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 9 of Title 15.2 a section numbered 15.2-939.1, relating to local environmental cleanup programs.

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.

A BILL to amend and reenact § 15.2-2259 of the Code of Virginia, relating to site plans; planning commission action; time limits.

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.

A BILL to amend and reenact § 15.2-2288.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-2288.7, by adding in Title 55 a chapter numbered 13.4, consisting of sections numbered 55-248.53 through 55-248.57, and by adding a section numbered 58.1-3719.2, relating to establishing the Limited Residential Lodging and Short-term Rental Lodging Act; penalty.

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.

A BILL to amend and reenact §§ 2.2-2609, 15.2-4903, 16.1-69.6, 17.1-506, 19.2-163.04, and 55-288.1 of the Code of Virginia, relating to references to the former City of Bedford.

16104349D