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2020 SESSION

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Senate Committee on Local Government

Chair: Lynwood W. Lewis, Jr.

Clerk: Chad Starzer
Staff: David Barry, Jeff Sharp
Date of Meeting: January 13, 2020
Time and Place: 9:00 am, Capitol, SR 3

S.B. 100 Locality health insurance policies; option of including independent-contractor emergency services.

Patron: Marsden

Locality health insurance policies; option of including independent-contractor emergency services personnel. Authorizes a locality to provide health insurance coverage to independent contractors that it employs as emergency medical services personnel.

A BILL to amend and reenact 15.2-1517 of the Code of Virginia, relating to locality health insurance policies; option of including independent-contractor emergency medical services personnel.

20100936D

S.B. 152 Auxiliary police officers; calling into service by a locality.

Patron: Stuart

Calling auxiliary police officers into service. Clarifies that a locality may call into service or provide for calling into service auxiliary police officers at any time for the purpose of assisting in or providing school security services to Virginia public elementary and secondary schools.

A BILL to amend and reenact 15.2-1734 of the Code of Virginia, relating to calling auxiliary police officers into service.

20104040D

S.B. 193 Single-use plastic and expanded polystyrene products; local prohibition, local tax.

Patron: Favola

Single-use plastic and expanded polystyrene products; local prohibition; local tax. Authorizes a locality to prohibit by ordinance the purchase, sale, or provision, whether free or for a cost, of certain single-use products that are not recyclable or compostable and for which there is a suitable and cost-effective compostable or recyclable alternative product available, with certain exceptions. The bill also authorizes any locality to impose a five-cent per item tax on single-use plastics and polystyrene products provided to customers by certain retailers, with certain products being exempt from the tax. The bill directs revenue from the local tax to be used by the locality imposing the tax for cleanup or education programs designed to reduce waste. The bill allows every restaurant or retailer that collects the tax to retain one cent of the five-cent tax if the tax is paid in a timely manner.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-938.1 and by adding in Article 7.1 of Chapter 38 of Title 58.1 a section numbered 58.1-3835, relating to single-use plastic and expanded polystyrene products; local prohibition; local tax.

20101425D

S.B. 198 Disposable plastic shopping bags; local option.

Patron: Locke

Disposable plastic shopping bags; local option. Allows any locality by ordinance to prohibit the distribution, sale, or offer for sale of disposable plastic shopping bags to consumers. The bill exempts from any such prohibition reusable bags of a certain thickness, bags that are used to carry certain products, such as ice cream or newspapers, and garbage bags that are sold in multiples.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 9 of Title 15.2 a section numbered 15.2-926.5, relating to disposable plastic shopping bags; local option.

20101662D

S.B. 225 Removal of dangerous roadside conditions; local option.

Patron: Stuart

Removal of dangerous roadside conditions; local option. Authorizes any locality, by ordinance, to require the owner of any property located within five feet of any public right-of-way to remove any and all trees, tree limbs, shrubs, high grass, or other substance that might dangerously obstruct the line of sight of a driver, be involved in a collision with a vehicle, or interfere with the safe operation of a vehicle.

A BILL to amend and reenact 15.2-2011 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-2009.1, relating to removal of dangerous roadside vegetation; local option.

20100283D

S.B. 292 Zoning appeals, Board of; dual office holding.

Patron: Deeds

Board of zoning appeals; dual office holding. Authorizes a member of a board of zoning appeals to be appointed to also serve as an officer of election.

A BILL to amend and reenact 15.2-2308 of the Code of Virginia, relating to board of zoning appeals; dual office holding.

20101853D

S.B. 314 Grandfathering certain nonconforming use; removes certain requirement.

Patron: Stanley

Grandfathering certain nonconforming use. Removes the requirement that in order for a wall build on residential property to be grandfathered as a valid nonconforming use, the residential property owner must have been informed by a local official that such wall required no permit.

A BILL to amend and reenact Chapter 707 of the Acts of Assembly of 2019, relating to an act to grandfather certain nonconforming use.

20103346D

S.B. 329 Disposal of solid waste fees; Russell County.

Patron: Chafin

Disposal of solid waste fees; Russell County. Allows Russell County to levy fees by ordinance, and after a public hearing, for the disposal of solid waste at a county collection or disposal facility not to exceed the actual cost incurred by the county in procuring, developing, maintaining, and improving the landfill and for such reserves as may be necessary for capping and closing such landfill in the future. The bill adds Russell County to the list of counties permitted to use fees to purchase equipment and grants Russell County the same authority that Accomack, Highland, Pittsylvania, Southampton, and Wise Counties have regarding collection of such fees.

A BILL to amend and reenact 15.2-2159 of the Code of Virginia, relating to fees for disposal of solid waste; Russell County.

20102957D

S.B. 340 Overgrown vegetation; local authority.

Patron: Locke

Overgrown vegetation; local authority. Authorizes any locality within Planning District 23 or that has a population of at least 75,000 to include provisions for cutting overgrown shrubs, trees, and other such vegetation in an ordinance requiring certain landowners to cut the grass, weeds, and other foreign growth on certain property.

A BILL to amend and reenact 15.2-901 of the Code of Virginia, relating to cutting of overgrown vegetation; local authority.

20102412D

S.B. 349 Insurance benefits; certain retired employees of political subdivisions.

Patron: Lucas

Insurance for certain retired employees of political subdivisions. Allows localities to extend certain insurance benefits to retired employees of political subdivisions.

A BILL to amend and reenact 15.2-1517 of the Code of Virginia, relating to insurance for certain retired employees of political subdivisions.

20102683D

S.B. 360 Installation of certain facilities by developer; reimbursement.

Patron: Cosgrove

Installation of certain facilities by developer; reimbursement. Provides that a locality may require a subdivider or developer to install reasonable and necessary sewerage and water facilities located on or outside the property limits of the land owned or controlled by the subdivider or developer that is necessitated or required, at least in part, by the utility needs of the development or subdivision, including reasonably anticipated capacity, extensions, or maintenance considerations of a utility service plan for the service area. Such subdivider or developer is entitled to reimbursement of its costs by any subsequent subdivider or developer that utilizes the installed sewerage or water facility, except for those costs associated with the installing developer's pro rata share.

A BILL to amend and reenact 15.2-2243 of the Code of Virginia, relating to installation of certain facilities by developer; reimbursement.

20102768D

S.B. 383 Lobbying; notification to local clerk; penalty.

Patron: McPike

Lobbying; notification to local clerk; penalty. Requires an individual who is compensated to influence or attempt to influence a local government officer or employee regarding local government action to provide notice of such status to the clerk of the local governing body of the county, city, or town in which the officer or employee serves. The bill requires the notice to be provided to the clerk within 15 days after first communicating or attempting to communicate with a local government officer or employee, along with a $25 fee to be deposited in the general fund of the locality. The notice shall include the name, telephone number, and business address of the compensated individual and shall identify the local government action for which approval is sought. All notices shall expire one calendar year after being filed with a local clerk. The bill requires the notice to be kept as a public record by the clerk for five years. A violation of this requirement is a Class 1 misdemeanor.

A BILL to amend and reenact 2.2-419 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-421.1, relating to lobbying; notification to local clerk; penalty.

20103544D

S.B. 419 Conservation of trees; Town of Vienna.

Patron: Petersen

Conservation of trees; Town of Vienna. Allows the Town of Vienna, by ordinance, to require that a subdivision or development provide for the preservation or replacement of trees on the development site such that the minimum tree canopy 10 years after development is projected to meet specified coverage criteria. Currently, the criteria apply to coverage 20 years after development.

A BILL to amend and reenact 15.2-961.1 of the Code of Virginia, relating to conservation of trees; Town of Vienna.

20102676D

S.B. 465 Volunteer or nonprofit organizations, certain; donation by locality of in-kind resources.

Patron: Reeves

Donation by locality of in-kind resources to certain volunteer or nonprofit organizations. Expands the scope of permitted in-kind donations by a locality to include the provision of in-kind resources for contract management services for capital projects; assistance in preparing requests for information, bids, or proposals; and budgeting services to any association or other organization furnishing voluntary firefighting services or a nonprofit or volunteer emergency medical services agency.

A BILL to amend and reenact 15.2-953 of the Code of Virginia, relating to donation by locality of in-kind resources to certain volunteer or nonprofit organizations.

20102326D

S.B. 588 Tax authority of localities; parity between cities and counties.

Patron: Hanger

Tax authority of localities; parity between cities and counties. Equalizes city taxing authority and county taxing authority by granting a county the same authority available to a city through the uniform charter powers. The bill directs the Division of Legislative Services to convene a work group to develop recommendations as to any additional legislative changes that may be needed to effectuate the provisions of the bill.

A BILL to amend and reenact 15.2-204 and 15.2-1200 of the Code of Virginia, relating to tax authority of localities; parity between cities and counties.

20101393D

S.B. 589 Zoning administrators; notice of decisions and determinations.

Patron: Hanger

Zoning administrators; notice of decisions and determinations. Requires zoning administrators to provide notice of all decisions and determinations to the agents or occupants of property abutting or across the road from the affected property.

A BILL to amend and reenact 15.2-2286 of the Code of Virginia, relating to zoning administrators; notice of decisions and determinations.

20100255D

S.B. 631 Abandoned and stolen shopping carts; local regulation.

Patron: Surovell

Abandoned and stolen shopping carts; local regulation. Provides that Fairfax County and Arlington County may, by ordinance, provide that it is unlawful for any person to place, leave, or abandon on any real property in the county, or within specified districts within the county, any shopping cart. The bill requires such ordinance to provide that any such shopping cart that remains on the real property after a notice of violation is given to the owner of such shopping cart shall be presumed to be abandoned and subject to removal from the real property by the county or its agents without further notice. In the event that any such shopping cart is so removed, the cost of removal, including the cost of disposal, shall be charged to the owner of the shopping cart. The bill also authorizes such ordinance to prohibit possession of a shopping cart outside of the designated premises when the owner has posted notice of such prohibition. Such ordinance may provide for a civil penalty of not more than $500.

A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 9 of Title 15.2 a section numbered 15.2-984, relating to abandoned and stolen shopping carts; local regulation.

20104457D

S.B. 638 Affordable housing near Metrorail station.

Patron: Surovell

Affordable housing near Metrorail station. Provides that in any locality with an existing or planned Metrorail station, such locality shall require that at least 10 percent of new residential dwelling units in any building that is at least six stories in height be affordable dwelling units, defined in the bill, if the proposed project is within one-half mile of an existing or planned Metrorail station.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2305.1, relating to affordable housing near Metrorail station.

20101041D

S.B. 647 Zoning; development approvals.

Patron: Boysko

Zoning; development approvals. Provides for the transition of certain existing development approvals when a subject property shifts from one jurisdiction to another due to annexation, boundary adjustment, or other cause. The bill contains a grandfather clause for certain existing provisions.

A BILL to amend and reenact 15.2-2286 of the Code of Virginia, relating to zoning; development approvals.

20103043D

S.B. 649 Collection of town taxes by county.

Patron: Boysko

Collection of town taxes by county. Authorizes the board of supervisors of any county that has adopted the urban county executive form of government to enter into agreements with towns located partially or wholly within such county for the collection and enforcement of real or personal property taxes by the county official responsible for assessment or collection of taxes. The authority granted to such counties is similar to authority granted to Loudoun County under existing law.

A BILL to amend and reenact 15.2-826 of the Code of Virginia, relating to collection of town taxes by county.

20105082D