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2019 SESSION

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Senate Committee on Local Government

Chairman: William M. Stanley, Jr.

Clerk: Chad Starzer
Staff: David Barry, Jeff Sharp
Date of Meeting: January 29, 2019
Time and Place: 30 minutes after adjournment, Senate Room A
Updated to Add SB 944 and SB 208

S.B. 208

Patron: Stuart

Impact fees for residential development. Repeals provisions that limit existing impact fee authority to (i) localities that have established an urban transportation service district and (ii) areas outside of such service districts that are zoned for agricultural use and that are being subdivided for by-right residential development. The effect of the repeal will be to make the existing impact fee provisions available for use by any locality that includes within its comprehensive plan a calculation of the capital costs of public facilities necessary to serve residential uses.

A BILL to repeal § 15.2-2328 of the Code of Virginia, relating to impact fees for residential development.

18100268D

S.B. 944

Patron: Stuart

Cash proffers; impact fees. Removes various provisions granting localities authority to accept cash proffers as part of the conditional rezoning process. The bill repeals provisions that limit existing impact fee authority to (i) localities that have established an urban transportation service district and (ii) areas outside of such service districts that are zoned for agricultural use and that are being subdivided for by-right residential development. The effect of the repeal will be to make the existing impact fee provisions available for use by any locality that includes within its comprehensive plan a calculation of the capital costs of public facilities necessary to serve residential uses.

A BILL to amend and reenact §§ 15.2-2298, 15.2-2303, and 15.2-2303.1:1 of the Code of Virginia and to repeal §§ 15.2-2328 and 15.2-2303.3 of the Code of Virginia, relating to cash proffers; impact fees.

18104301D

S.B. 1088

Patron: Spruill

Chesapeake Hospital Authority. Provides that the investment of funds held by the Chesapeake Hospital Authority, or contributed to its affiliated foundations, shall be exempt from the application of the Virginia Security for Public Deposits Act and the Investment of Public Funds Act.

A BILL to amend and reenact § 7.1 of Chapter 396 of the Acts of Assembly of 1987, as amended by Chapter 658 of the Acts of Assembly of 2006, relating to Chesapeake Hospital Authority.

19101377D

S.B. 1091

Patron: Reeves

Property tax exemption for solar photovoltaic systems; bonding requirement; regulations. Requires an owner or operator of solar photovoltaic systems and related equipment to submit a performance and reclamation bond to the Department of Mines, Minerals and Energy (the Department) in order to qualify for a property tax exemption. The bill also requires the Department to promulgate regulations requiring all such owners and operators to submit decommissioning and site reclamation plans.

A BILL to amend and reenact § 58.1-3660 of the Code of Virginia, relating to property tax exemption for solar photovoltaic systems; bonding requirement; regulations.

19100804D

S.B. 1260

Patron: Sturtevant

Creation of conservation areas. Allows a planning commission to designate an area as a conservation area. Current law only allows a redevelopment and housing authority to make such designation.

A BILL to amend and reenact § 36-48.1 of the Code of Virginia, relating to creation of conservation areas.

19101491D

S.B. 1262

Patron: Sturtevant

Localities and school divisions; posting of register of funds expended. Requires every locality with a population greater than 25,000 and each school division with greater than 5,000 students to post quarterly on the public government website of such locality or school division a register of all funds expended, showing vendor name, date of payment, amount, and a description of the type of expense, including credit card purchases with the same information. The bill allows any locality or school division to exclude from such posting any information that is exempt from mandatory disclosure under the Virginia Freedom of Information Act, any personal identifying information related to a court-ordered payment, and any information related to undercover law-enforcement officers. The bill has a delayed effective date of July 1, 2020.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2510.1, relating to localities and school divisions; posting of register of funds expended.

19103271D

S.B. 1312

Patron: Hanger

Voluntary town audits; submission to Auditor of Public Accounts. Requires any town not required to submit an annual audit that voluntarily contracts for or performs an audit to submit the results of such audit to the Auditor of Public Accounts upon completion of the audit.

A BILL to amend and reenact § 15.2-2511 of the Code of Virginia, relating to voluntary town audits; submission to Auditor of Public Accounts.

19100941D

S.B. 1363

Patron: Dance

Charter; City of Petersburg. Provides that the city manager for the City of Petersburg shall serve as the collector of city taxes and transfers certain duties from the city treasurer to the city manager.

A BILL to amend and reenact §§ 3-13 and 3-14, as amended, and §§ 3-15 and 3-16 of Chapter 259 of the Acts of Assembly of 1962, which provided a charter for the City of Petersburg, relating to the city treasurer.

19103796D

S.B. 1398

Patron: Stanley

Site plan approval; decommissioning certified solar energy equipment, facilities, or devices. Authorizes a locality, as a condition of approval of a site plan, to require an owner or developer of real property to enter into a written agreement to decommission certified solar energy equipment, facilities, or devices upon certain terms and conditions, including right of entry by the locality and financial assurance. The bill exempts a public utility from such requirements.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2241.2, relating to site plan approval; decommissioning certified solar energy equipment, facilities, or devices.

19104052D

S.B. 1400

Patron: Petersen

C-PACE loans; stormwater management; residential dwellings and condominiums. Authorizes any locality, by ordinance, to authorize contracts to provide loans for the initial acquisition and installation of stormwater management improvements with free and willing property owners of both existing properties and new construction. Current law authorizes such contracts only for clean energy improvements. The bill removes an exclusion for residential dwellings with fewer than five dwelling units and condominium projects from certain requirements related to a voluntary special assessment lien that secures such a loan.

A BILL to amend and reenact § 15.2-958.3 of the Code of Virginia, relating to C-PACE loans; stormwater management; residential dwellings and condominiums.

19101646D

S.B. 1479

Patron: Deeds

Local regulation of karst feature mitigation. Authorizes any locality by ordinance to regulate the mitigation of any karst feature, defined in the bill as any sinkhole, swallet, or cave, whether pre-existing or newly formed. Such regulation may provide for (i) a permit to mitigate any karst feature, (ii) disclosure by a landowner of the location and associated permit documents of any mitigated karst feature upon the sale or transfer of any property or of any legal interest therein, or (iii) the retention of public records related to the location of mitigated karst features.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-909.1, relating to local regulation of karst feature mitigation.

19102216D

S.B. 1553

Patron: Surovell

Urban county executive form of government; abandoned personal property. Provides that any county that has adopted the urban county executive form of government (Fairfax County) may, by ordinance, provide that it shall be unlawful for any person to place, leave, or abandon on any real property in the county, or within specified districts within the county, any dilapidated furniture, appliance, machinery, equipment, shopping cart, building material, or other item or personal property, which is either in a wholly or partially rusted, wrecked, junked, dismantled, or inoperative condition and which is not completely enclosed within a building. The ordinance shall provide that any such item which remains on the real property for a period of seven days after a notice of violation is given to the owner of such personal property shall be presumed to be abandoned and subject to being removed from the real property by the county or its agents without further notice. In the event any such item is so removed, the cost of removal, including an administrative fee in the amount of $150.00, shall be charged to the owner of the personal property. No such ordinance shall apply to any real property used for the purpose of a licensed junk dealer or an establishment engaged in the repair, rebuilding, reconditioning, or salvaging of equipment. The ordinance may provide that a violation of the ordinance shall constitute a Class 1 misdemeanor.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-815.1, relating to urban county executive form of government; abandoned personal property.

19104083D

S.B. 1559

Patron: Lewis

C-PACE loans; shoreline resiliency improvements. Authorizes any locality, by ordinance, to authorize contracts to provide loans for the initial acquisition and installation of shoreline resiliency improvements with free and willing property owners of both existing properties and new construction. Current law authorizes such contracts only for clean energy improvements.

A BILL to amend and reenact § 15.2-958.3 of the Code of Virginia, relating to C-PACE loans; shoreline resiliency improvements.

19102285D

S.B. 1634

Patron: Boysko

Economic revitalization zone.

A BILL to amend and reenact § 15.2-1129.2 of the Code of Virginia, relating to local economic revitalization zones.

19104519D

S.B. 1663

Patron: Barker

Subdivision ordinance; sidewalks. Allows any locality to include provisions in its subdivision ordinance requiring that where a lot being subdivided or developed fronts on an existing street and the provision of a sidewalk is in accordance with the locality's adopted comprehensive plan, the locality may require the dedication of land for, and construction of, a sidewalk on the property being subdivided or developed.

A BILL to amend and reenact § 15.2-2242 of the Code of Virginia, relating to subdivision ordinance; sidewalks.

19104255D

S.B. 1699

Patron: Peake

Subdivision and zoning; sidewalks. Authorizes a locality, through provisions in a subdivision ordinance or zoning ordinance, subject to certain terms and conditions included in the ordinance, to grant a developer of land the option of either (i) dedicating land for and constructing a sidewalk as may be required by the locality or (ii) contributing funds equivalent to the cost of the dedication of land for and construction of a sidewalk on the property to a sidewalk fund, maintained and administered by the locality. Such sidewalk fund may be used by the governing body for sidewalk improvements in the locality.

A BILL to amend and reenact §§ 15.2-2242 and 15.2-2286 of the Code of Virginia, relating to subdivision and zoning; sidewalks.

19104033D

S.B. 1701

Patron: Ebbin

Regulation of short-term rentals; urban county executive form of government. Requires any ordinance adopted by the governing body of any county that operates under the urban county executive form of government (Fairfax County) relating to regulation of short-term rentals to comply with various provisions related to the short-term rental of property, including limits on (i) the total number of nights permitted for short-term rental on the short-term rental operator's property and (ii) the number of short-term rental properties owned by any one person or entity. The bill also requires such ordinance to comply with various Code of Virginia provisions related to zoning enforcement, the Virginia Uniform Statewide Building Code, real estate licensing, common interest communities, and covered entities otherwise regulated by localities.

A BILL to address local ordinances concerning the regulation of short-term rentals in the urban county executive form of government.

19104398D

S.B. 1707

Patron: Chafin

Southwest Virginia Energy Research and Development Authority. Creates the Southwest Virginia Energy Research and Development Authority (the Authority) to promote opportunities for energy development in Southwest Virginia, to create jobs and economic activity in Southwest Virginia consistent with the Virginia Energy Plan, and to position Southwest Virginia and the Commonwealth as a leader in energy workforce and energy technology research and development. The Authority will be composed of 11 nonlegislative members, of whom four will be appointed by the Governor, four will be appointed by the Speaker of the House, and three will be appointed by the Senate Committee on Rules. The Authority is charged with, among other tasks, (i) leveraging the strength in energy research and workforce development of Virginia's public and private institutions of higher education; (ii) supporting the development of pump storage hydropower in Southwest Virginia and energy storage generally; (iii) promoting the development of renewable energy generation facilities on brownfield sites, including abandoned mine sites; (iv) promoting energy workforce development; and (v) assisting energy technology research and development by promoting the development of a Southwest Virginia Energy Park. The bill has a sunset date of July 1, 2029.

A BILL to amend the Code of Virginia by adding in Title 67 a chapter numbered 16, consisting of sections numbered 67-1600 through 67-1608, relating to the establishment of the Southwest Virginia Energy Research and Development Authority.

19104433D

S.B. 1762

Patron: Sturtevant

Traffic impact analysis; solid waste management facilities. Requires a locality to submit to the Department of Transportation a traffic impact analysis for any proposed rezoning application for a new solid waste management facility.

A BILL to amend and reenact § 15.2-2222.1 of the Code of Virginia, relating to traffic impact analysis; solid waste management facilities.

19102135D

S.B. 1783

Patron: Boysko

Local employee grievance procedure. Provides that qualifying grievances by local government employees shall advance to a final step as agreed upon by the aggrieved and the local government; however, if an agreement cannot be reached on whether to use a panel hearing or hearing officer, a three-person panel shall be used. The bill contains technical amendments.

A BILL to amend and reenact § 15.2-1507 of the Code of Virginia, relating to grievance procedure.

19104563D

S.B. 1785

Patron: McDougle

Enterprise zones.

A BILL to amend and reenact § 59.1-542 of the Code of Virginia, relating to enterprise zones.

19105252D