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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 23, 2016
Time and Place: 1/2 Hour after Adjournment Senate Room B

H.B. 14 Columbia, Town of; repealing charter for town.

Patron: Ware

Charter; Town of Columbia. Repeals the charter for the Town of Columbia in Fluvanna County.

A BILL to repeal Chapter 238 of the Acts of Assembly of 1879, Chapter 70 of the Acts of Assembly of 1887, Chapter 41 of the Acts of Assembly of 1893-94, and Chapter 635 of the Acts of Assembly of 1976, which provided a charter and amendments thereto for the Town of Columbia in Fluvanna County.

16100439D

H.B. 24 Charter; Town of South Hill.

Patron: Wright

Charter; Town of South Hill. Updates the town's boundary description and replaces a reference to the town treasurer with "finance director." The bill also provides that the town manager, not the mayor, shall have power over the police forces. The bill contains technical amendments.

A BILL to amend and reenact § 2, §§ 4, 8, and 12, as amended, and § 13 of Chapter 39 of the Acts of Assembly of 1936, which provided a charter for the Town of South Hill in Mecklenburg County, relating to boundaries, finance director, and town powers.

16100583D

H.B. 65 Bedford; references to the former city of Bedford.

Patron: Austin

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.

16100724D

H.B. 106 Charter; Town of Herndon.

Patron: Boysko

Charter; Town of Herndon. Amends the town's boundary description to reflect a recent boundary line adjustment. The bill removes the authority of the mayor to take command of the police during emergencies and deputize assistant policemen to maintain order and enforce laws during such emergency.

A BILL to amend and reenact §§ 1.2 and 3.6, as amended, of Chapter 646 of the Acts of Assembly of 1968, which provided a charter for the Town of Herndon in Fairfax County, relating to boundaries and powers of the mayor.

16101315D

H.B. 158 Grass cutting; Caroline County may apply its ordinance to portions of agricultural land.

Patron: Orrock

Grass cutting; Caroline County. Provides that Caroline County may apply its grass-cutting ordinance to those portions of agricultural land that are assessed for residential purposes. If Caroline County has not enacted an ordinance pursuant to this act by July 1, 2019, the provisions of this act shall expire.

A BILL to amend and reenact § 15.2-1215 of the Code of Virginia, relating to grass cutting in certain counties.

16100542D

H.B. 183 Hopewell, City of; charter, passage of emergency measures, Hopewell Water Renewal Commission.

Patron: Aird

Charter; City of Hopewell; passage of emergency measures; Hopewell Water Renewal Commission. Raises from four to five the number of city council member votes required to pass an emergency measure and changes the name of the Hopewell Regional Wastewater Treatment Facility Commission to the Hopewell Water Renewal Commission. The bill also raises from three to four the number of council member votes required for final passage of an ordinance and raises from four to five the number of council member votes required to dispense with the reading of an ordinance.

A BILL to amend and reenact §§ 7 and 8 of Chapter IV of Chapter 431 of the Acts of Assembly of 1950 and § 1 of Chapter XXV (A.1), as amended, of Chapter 454 of the Acts of Assembly of 1975, which provided a charter for the City of Hopewell, relating to affirmative council member votes required; Hopewell Regional Wastewater Treatment Facility Commission.

16103018D

H.B. 233 Fire or rescue volunteers; mental health treatment; funding by locality.

Patron: Minchew

Fire or rescue volunteers; mental health treatment; funding by locality. Allows any locality to fund the cost of participation in mental health treatment and counseling programs by a member of a volunteer fire or rescue company. A mental health program in which such volunteers are eligible to participate must be comparable to an employee assistance program offered to paid employees of the locality.

A BILL to amend and reenact § 15.2-1517 of the Code of Virginia, relating to fire or rescue volunteers; mental health treatment; funding by locality.

16102791D

H.B. 412 Aircraft, certain; local regulation.

Patron: Kilgore

Local regulation of certain aircraft. Provides that no locality may regulate the use of privately owned, unmanned aircraft systems within its boundaries. The provisions of the bill expire on July 1, 2019.

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 local regulation of certain aircraft.

16101685D

H.B. 470 Middle Peninsula Chesapeake Bay Public Access Authority Act; legal advice.

Patron: Hodges

Middle Peninsula Chesapeake Bay Public Access Authority Act. Grants the Middle Peninsula Chesapeake Bay Public Access Authority the power to request and accept legal advice and assistance from the Office of the Attorney General.

A BILL to amend and reenact § 15.2-6606 of the Code of Virginia, relating to Middle Peninsula Chesapeake Bay Public Access Authority Act.

16102636D

H.B. 587 Memorials and monuments; protection of all memorials, etc.

Patron: Poindexter

Protection of Memorials and monuments. Provides that existing provisions related to the protection of certain memorials and monuments shall apply to all such memorials and monuments, regardless of when erected.

A BILL to amend and reenact § 15.2-1812 of the Code of Virginia, relating to memorials and monuments.

16102398D

H.B. 647 Tree conservation; locality to post signs on private property that is proposed to be redeveloped.

Patron: Sullivan

Tree conservation ordinance. Provides that the ordinance may allow a locality to post signs on private property that is proposed to be redeveloped with one single family home that notifies the public that an infill lot grading plan is pending for review before the locality. The locality may not require the applicant to be responsible for such posting and the failure to post the property shall not be a ground for denial of such grading plan.

 A BILL to amend the Code of Virginia by adding a section numbered 15.2-961.2, relating to tree conservation ordinance; notice.

16104912D

H.B. 649 Charter; Town of Damascus.

Patron: O'Quinn

Charter; Town of Damascus. Shifts the town's municipal elections from May to November.

A BILL to amend and reenact § 2, as amended, of Chapter 91 of the Acts of Assembly of 1948, which provided a charter for the Town of Damascus in Washington County, relating to time of elections.

16101175D

H.B. 770 Conditional zoning; provisions applicable to all rezoning proffers, definitions.

Patron: Gilbert

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 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.

16104806D

H.B. 790 Solid waste disposal fee; removes Pittsylvania County from list of counties authorized to levy.

Patron: Adams

Solid waste disposal fee; Pittsylvania County. Removes Pittsylvania County from the list of counties authorized to levy certain fees for the disposal of solid waste.

A BILL to amend and reenact § 15.2-2159 of the Code of Virginia, relating to solid waste disposal fee.

16103097D

H.B. 919 Water and sewer service; canceling service for nonpayment of charges.

Patron: Mason

Water and sewer service provided by locality; canceling service for nonpayment of charges. Shortens from two months to 30 days the period after which a locality providing water or sewer service may shut off service for unpaid charges.

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

16102730D

H.B. 945 Annexation; extends current moratorium on city annexations and county immunity actions.

Patron: Wilt

Annexation. Extends the current moratorium on city annexations and county immunity actions by six years to 2024. 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 2022-2024 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, 2018.

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

16105251D

H.B. 1146 Local permitting or licensure; requiring consent of homeowners' association prohibited.

Patron: Hope

Permitting or licensure; locality shall not require consent of homeowners' association. Prohibits a locality from requiring notice to or consent of a condominium association or homeowners' association prior to the issuance of a permit, certificate, or license, including a building permit or a business license.

A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 15.2 a section numbered 15.2-110, relating to local permitting or licensure; requiring consent of homeowners' association prohibited.

16104749D

H.B. 1182 Sheriffs; standard vehicle markings.

Patron: Aird

Sheriffs; standard vehicle markings. Allows sheriffs' offices to use marked motor vehicles painted in any solid color. Current law requires the sheriff to obtain the concurrence of the local governing body to use any color other than dark brown.

A BILL to amend and reenact § 15.2-1610 of the Code of Virginia, relating to sheriffs; standard vehicle markings.

16103368D

H.B. 1214 Tazewell, Town of; amending charter, election to fill vacancies for mayor or town council, etc.

Patron: Morefield

Charter; Town of Tazewell. Provides for an interim appointment and special election to fill a vacancy in the office of mayor or a member of the town council. The bill lengthens from one month to 12 months the time period during which a planning commission member is allowed to miss no more than four meetings and reduces from five to four the number of voting members of the planning commission who shall constitute a quorum.

A BILL to amend and reenact § 3-3, §§ 6-1, 6-11, and 6-12, as amended, § 6-3, and § 7-6, as amended, of Chapter 358 of the Acts of Assembly of 1958, which provided a charter for the Town of Tazewell in Tazewell County; to amend Chapter 358 of the Acts of Assembly of 1958 by adding in Article III sections numbered 3-31, 3-311, 3-32, 3-321, and 3-322; and to repeal §§ 5-2 and 5-32 of Chapter 358 of the Acts of Assembly of 1958, relating to vacancies in the office of mayor or council; planning commission; quorum.

16104072D

H.B. 1300 Mathews County; appointment of members to economic development authority.

Patron: Hodges

Appointment to economic development authority; Mathews County. Allows the board of supervisors of Mathews County to appoint from five to seven members to serve on the board of the economic development authority. Under current law, unless specifically provided otherwise, the authority consists of seven members.

A BILL to amend and reenact § 15.2-4904 of the Code of Virginia, relating to appointment to economic development authority.

16103831D

H.B. 1371 Local government; prohibition on certain mandates upon employers.

Patron: Miller

Prohibition on certain local government mandates upon employers. Provides that a locality shall not enact any policy that requires an employer within the locality to provide an employee with a wage or employment benefit that exceeds the requirements of state or federal law. Any such local policy shall be unenforceable.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-1408.1, relating to prohibition on certain local government mandates upon employers.

16103889D