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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: March 1, 2016
Time and Place: 1/2 hour after adjournment / Senate Room B

H.B. 367

Patron: Davis

Nonconforming uses. Provides that if a use does not conform to the zoning prescribed for the district in which such use is situated, and if (i) a business license was issued by the locality for such use and (ii) the holder of such business license has operated continuously for at least 15 years and has paid all local taxes related to such use, the locality shall permit the holder of such business license to apply for a rezoning or a special use permit without charge by the locality or any agency affiliated with the locality for fees associated with such filing.

Impact Statements

H.B. 770

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.

  

Impact Statements

H.B. 883

Patron: Habeeb

Comprehensive plan; telecommunications towers. Provides that a proposed telecommunications tower, and certain other facilities, shall be deemed to be substantially in accord with the comprehensive plan and planning commission approval shall not be required if the proposed telecommunications tower or facility is located in a zoning district that allows such telecommunications towers or facillities by right. The provisions of the bill do not apply in Planning District 8.

Impact Statements

H.B. 1114

Patron: Cox

Charter; City of Colonial Heights. Clarifies that the city's director of finance has the responsibility of collecting all tax payments, fees, assessments, and charges that the city imposes. The city treasurer shall continue to collect all tax returns, tax payments, fees, assessments, and charges imposed by or payable to the Commonwealth. Certain duties related to the sale of tax-delinquent property are shifted from the city treasurer to the director of finance. The bill also provides that the act shall not result in a change in the amount of the Treasurer's salary set by the Compensation Board that is payable by the City for the fiscal year ending June 30, 2017 or the fiscal year ending June 30, 2018.

Impact Statements

H.B. 1255

Patron: Pillion

BVU Authority; Board of Directors. Reduces from nine to seven the number of directors on the Board of Directors (the Board) of the BVU Authority and alters the methods of their appointment. 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 Speaker of the House of Delegates; 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 citizen of the City of Bristol who is appointed by the Board is required to be engaged in business and may be appointed initially by the Bristol City Council.

Upon the sale of the Authority's broadband service, BVU OptiNet, the bill reduces the Board to five by removing the Abingdon Town Council member and the Scott County citizen. In addition, the bill directs that after the sale, the Bristol citizen will be appointed by the Governor rather than by the Speaker of the House of Delegates.

The bill directs the Auditor of Public Accounts to examine the accounts of the BVU Authority by July 1, 2016, and contains an emergency clause.

EMERGENCY

Impact Statements

H.B. 1325

Patron: O'Quinn

BVU Authority; Board powers, officers; broadband; FOIA. Alters the powers and duties of the Board of Directors (Board) of the BVU Authority (the Authority). 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 long-term employment contracts with Authority employees. It also limits the 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 requires that any decision of the Board related to water or sewer systems be made by a majority vote of the three Board members representing the City of Bristol.

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 also eliminates several Authority-related records and open meeting exemptions from the Freedom of Information Act (FOIA).

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 contains an emergency clause.

EMERGENCY

Impact Statements