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2020 SESSION

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Senate Committee on Local Government

Chair: Lynwood W. Lewis, Jr.

Clerk: Maryann Horch, Caroline Wray
Staff: Jeff Sharp, David Barry
Date of Meeting: February 17, 2020
Time and Place: 9:00 a.m. Senate Room 3, Capitol
updated to remove HBs 564, 1105, 1107, 1108

H.B. 168 Brodnax, Town of; amending charter, reduces number of town councilmen.

Patron: Tyler

Charter; Town of Brodnax; town council; membership; meetings. Reduces from seven to five the number of town councilmen for the Town of Brodnax. The bill also reduces from four to three the number of councilmen needed for a quorum and from three to two the number of councilmen needed to call a special meeting. The bill contains an emergency clause.

A BILL to amend and reenact §§ 3.1 and 3.8, as amended, of Chapter 131 of the Acts of Assembly of 1977, which provided a charter for the Town of Brodnax in the Counties of Brunswick and Mecklenburg, relating to town council; membership; meetings.

20102111D

EMERGENCY

H.B. 171 Bluefield, Town of; amending charter, relating to town council, mayor, and town powers.

Patron: Morefield

Charter; Town of Bluefield. Amends the town's charter by (i) increasing the number of council members from five to six, (ii) allowing the mayor to vote only to break ties rather than on all matters, (iii) clarifying that the council may act by motion in addition to ordinance and resolution, and (iv) making technical amendments.

A BILL to amend and reenact §§ 5, 8 and 9, as amended, and 10 of Chapters 406 and 521 of the Acts of Assembly of 1999, which provided a charter for the Town of Bluefield in the County of Tazewell, relating to town council, mayor, and town powers.

20101746D

H.B. 284 Removal of dangerous roadside vegetation; local option.

Patron: Cole, J.G.

Removal of dangerous roadside conditions; local option. Authorizes any locality, by ordinance, to require the owner of any property located adjacent to a right-of-way maintained by the Virginia Department of Transportation 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.

20106413D

H.B. 345 Scottsville, Town of; amending charter, staggered elections for town council and other officers.

Patron: Bell

Charter; Town of Scottsville; town council and other town officers. Provides staggered elections for the town council and removes authority of the town council to appoint other police officers besides the town sergeant. The bill authorizes the town council to appoint a town administrator, and authorizes the town council to appoint one person to multiple offices. The bill changes the term "president of the council" to "vice-mayor" and includes female pronouns with all instances of male pronouns. The bill contains an emergency clause.

A BILL to amend and reenact §§ 3.1, 3.4, 3.5, 3.9, 5.1, 5.4, 5.6, 5.8, 5.9, 5.10, and 5.11 of Chapter 243 of the Acts of Assembly of 1998, which provided a charter for the Town of Scottsville in the County of Albemarle, and to amend Chapter 243 of the Acts of Assembly of 1998 by adding sections numbered 5.12 and 5.13, relating to town council and other town officers.

20102298D

EMERGENCY

H.B. 441 Middleburg, Town of; amending charter, clarification of powers and duties of mayor, council, etc.

Patron: Gooditis

Charter; Town of Middleburg. Amends the charter of the Town of Middleburg by clarifying the powers and duties of the mayor, the town council, and the appointed town officials.

A BILL to amend and reenact §§ 3.4, 3.7, 4.1, as amended, and 4.2 of Chapter 423 of the Acts of Assembly of 1983 and to amend Chapter 423 of the Acts of Assembly of 1983 by adding sections numbered 3.3:1, 4.1:1, 4.1:2, and 4.1:3, which provided a charter for the Town of Middleburg in Loudoun County, relating to powers of council and mayor, salaries, and appointed officers.

20102443D

H.B. 464 Virginia Beach, City of; amending charter, council members.

Patron: Convirs-Fowler

Charter; City of Virginia Beach. Provides that a city council member from one of the residence districts who decides to run for an at-large seat on the council shall tender his resignation as a council member not less than 10 days prior to the date for the filing of petitions. Similarly, a city council member from one of the at-large seats who decides to run for a residence district seat on the council shall tender his resignation as a council member not less than 10 days prior to the filing date. The unexpired portion of the term of any such council member who has resigned shall be filled at the same general election, or by special election if the seat is to be filled by special election.

A BILL to amend Chapter 147 of the Acts of Assembly of 1962, which provided a charter for the City of Virginia Beach, by adding a section numbered 3.02:3, relating to resignation of council members to run for new seat.

20101693D

H.B. 554 Zoning; wireless communications infrastructure.

Patron: VanValkenburg

Zoning for wireless communications infrastructure. Authorizes a locality to disapprove an application submitted for an administrative review-eligible project or for any zoning approval required for a standard process project that proposes to locate a new structure, or to co-locate a wireless facility, in an area where all cable and public utility facilities are required to be placed underground by a date certain or encouraged to be undergrounded as part of a transportation improvement project or rezoning proceeding as set forth in objectives contained in a comprehensive plan, on grounds that an applicant has not given written notice to adjacent landowners at least 15 days before it applies to locate a new structure in the area.

A BILL to amend and reenact § 15.2-2316.4:2 of the Code of Virginia, relating to zoning for wireless communications infrastructure.

20107159D

H.B. 558 Micro-business; enhancement of participation in local procurement.

Patron: Lindsey

Enhancement of micro-business participation in local procurement. Allows any locality to enact an ordinance to enhance micro-business participation in local government procurement practices. Such measures may include special designation of local micro-businesses, providing technical support to micro-businesses, setting target goals for micro-business participation in the local procurement process, and other reasonable measures intended to promote micro-business participation in the locality. "Micro-business" is defined as a small, women-owned, or minority-owned business with no more than 25 employees.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-965.2, relating to micro-businesses; local procurement.

20100477D

H.B. 629 Blacksburg, Town of; amending charter, public hearings.

Patron: Hurst

Charter; Town of Blacksburg; public hearings. Clarifies provisions related to public hearings in the Town of Blacksburg by providing that if the town council plans to conduct a public hearing related to a proposed ordinance but to delay action on the proposal, the date for the delayed vote shall be stated on the agenda. Furthermore, after conducting and closing the public hearing, the council may vote to delay action until its next regular meeting.

A BILL to amend and reenact § 3.15, as amended, of Chapter 619 of the Acts of Assembly of 1975, which provided a charter for the Town of Blacksburg in Montgomery County, relating to ordinances; public hearings.

20101607D

H.B. 654 Clean energy projects; authorizes DMME to sponsor a statewide financing program.

Patron: Guy

Financing clean energy projects. Authorizes the Department of Mines, Minerals and Energy to sponsor a statewide clean energy financing program. The Department shall engage a private entity through a competitive selection process to develop and administer the program.

A BILL to amend and reenact § 15.2-958.3 of the Code of Virginia, relating to clean energy financing program.

20102884D

H.B. 655 Solar photovoltaic projects; conditional zoning.

Patron: Heretick

Conditional zoning for solar photovoltaic projects. Authorizes a locality to include reasonable regulations and provisions for conditional zoning for solar photovoltaic (electric energy) projects of more than five megawatts, as measured in alternating current (AC) generation capacity. The bill authorizes the governing body of such locality to accept a proffered condition that includes (i) dedication of real property of substantial value or (ii) substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the granting of a conditional use permit or a rezoning itself, so long as such proffered conditions are reasonably related to the project.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2303.5, relating to conditional zoning for solar photovoltaic projects.

20107158D

H.B. 656 Solar energy projects; national standards.

Patron: Heretick

Solar energy projects; national standards. Authorizes a locality to include in its zoning ordinance provisions to incorporate generally accepted national environmental protection and product safety standards for the use of solar panels and battery technologies for solar photovoltaic (electric energy) projects. The bill contains an enactment clause that applies such generally accepted national standards to any such projects in the Commonwealth, notwithstanding any other provision of law, general or special.

A BILL to amend and reenact § 15.2-2286 of the Code of Virginia, relating to solar energy projects; national standards.

20107292D

H.B. 657 Comprehensive plan; solar facilities review.

Patron: Heretick

Comprehensive plan; solar facilities review. Exempts a solar facility that is 150 megawatts or less from the requirement that it be reviewed for substantial accord with a locality's comprehensive plan if the zoning ordinance of the locality permits solar facilities with a conditional use permit and the locality waives the requirement that solar facilities be reviewed.

A BILL to amend and reenact § 15.2-2232 of the Code of Virginia, relating to the comprehensive plan; solar facilities review.

20107257D

H.B. 696 Local human rights ordinances; sexual orientation and gender identity.

Patron: Roem

Local human rights ordinances; sexual orientation and gender identity. Provides that localities may prohibit discrimination in housing, employment, public accommodations, credit, and education on the basis of sexual orientation and gender identity.

A BILL to amend and reenact § 15.2-965 of the Code of Virginia, relating to local human rights ordinances.

20104504D

H.B. 726 Comprehensive plan; adoption or disapproval by governing body.

Patron: Reid

Comprehensive plan. Extends the time by which a governing body is required to approve or disapprove a locality-initiated comprehensive plan amendment for more than 25 parcels from 90 to 150 days.

A BILL to amend and reenact §§ 15.2-2226 and 15.2-2229 of the Code of Virginia, relating to comprehensive plan.

20104803D

H.B. 738 County board of supervisors; presiding officers, terminology.

Patron: Reid

Presiding officer of county board of supervisors; terminology. Specifies that the presiding officer of a board of supervisors shall be called "chairman," "chairwoman," "chair," "chairperson," or "chair-at-large," in the presiding officer's discretion.

A BILL to amend and reenact § 15.2-1422 of the Code of Virginia, relating to presiding officer of board of supervisors.

20100981D

H.B. 742 Unmanned aerial systems; political subdivision may regulate take-off and landing of system, etc.

Patron: Bulova

Local regulation of unmanned aerial systems. Authorizes a political subdivision, by ordinance or regulation, to regulate the takeoff or landing of unmanned aerial systems on property owned by the political subdivision in accordance with the rules and regulations adopted by the Department of Aviation. The bill requires the locality to report the ordinance or regulation to the Department and directs the Department to publish a summary on the locality's website. The bill also directs the Department, by January 1, 2021, to develop rules and regulations specific to take-offs and landings in consultation with representatives of the unmanned aircraft system industry, localities, and other stakeholders. The bill has a delayed effective date of January 1, 2021. This bill incorporates HB 311 and HB 1227.

A BILL to amend and reenact § 15.2-926.3 of the Code of Virginia, relating to local regulation of unmanned aerial systems.

20106234D

H.B. 749 Norfolk, City of; amending charter, employees of officers, vagrants.

Patron: Jones

Charter; City of Norfolk; employees of officers; vagrants. Amends the charter for the City of Norfolk by changing from "election" to "appointment" the term used to describe the selection of certain officers by the city council and clarifying that employees of such officers serve at will. The bill also removes a provision authorizing the City to prevent persons having no visible means of support, paupers, and persons who may be dangerous to the peace or safety of the City from coming to the City and authorizing the City to expel such persons who have been in the City less than 90 days.

A BILL to amend and reenact §§ 2, 11, and 114, as amended, of Chapter 34 of the Acts of Assembly of 1918, which provided a charter for the City of Norfolk, relating to employees of officers; vagrants.

20101535D

H.B. 846 Elkton, Town of; amending charter, town boundaries, council meetings.

Patron: Runion

Charter; Town of Elkton; town boundaries; council meetings. Codifies various annexation agreements between the Town of Elkton and Rockingham County. The bill increases from 30 to 45 days the maximum allowable period between a vacancy in the council and the filling of the vacancy. The bill also authorizes the Chief of Police to deliver via a designee a notice of a special or emergency meeting of the council.

A BILL to amend and reenact §§ 1.2, 3.2, 3.6, and 6.8 of Chapters 690 and 742 of the Acts of Assembly of 2006, which provided a charter for the Town of Elkton in the County of Rockingham, relating to town boundaries; council meetings.

20103388D

H.B. 875 Grass; local ordinance on cutting.

Patron: Campbell, R.R.

Local ordinance on grass cutting. Authorizes a locality located in Planning District 6 to enforce on residential land of one acre or less in an area zoned for agricultural use an ordinance requiring owners of property to cut the grass, weeds, and other foreign growth on such property. Current law prohibits such an ordinance from applying to land zoned for or in active farming operation.

A BILL to amend and reenact § 15.2-901 of the Code of Virginia, relating to a local ordinance on grass cutting.

20104054D

H.B. 929 Subdivision plats; certain approved final plats shall remain valid indefinitely, etc.

Patron: Coyner

Subdivision plats. Provides that certain approved final subdivision plats shall remain valid indefinitely if a recorded plat dedicating real property to the locality has been accepted by such grantee.

A BILL to amend and reenact § 15.2-2261 of the Code of Virginia, relating to subdivision plats.

20102784D

H.B. 938 Courthouse; relocation or expansion.

Patron: Webert

Relocation or expansion of courthouse. Provides that relocation or expansion of a courthouse to property within 1,000 feet of the parcel upon which the courthouse is located shall not trigger a referendum requirement. The existing statute exempts only relocation or expansion to contiguous land.

A BILL to amend and reenact § 15.2-1646 of the Code of Virginia, relating to relocation or expansion of courthouse.

20101811D

H.B. 998 Flood plain; adoption of ordinances.

Patron: Hayes

Adoption of flood plain ordinances. Provides that any locality may by ordinance regulate the activity on, use of, or development of a flood plain in a manner consistent with any state or federal flood plain management programs and requirements.

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 flood plain ordinances.

20102927D

H.B. 1064 Richmond, City of; amending charter, residency of council members.

Patron: Adams, D.M.

Charter; City of Richmond. Requires a council member to reside in the election district from which the member was elected throughout the member's term on the council. A council member may be removed from office for failure to comply with the residency requirement.

A BILL to amend and reenact §§ 3.01, as amended, and 3.04.1 of Chapter 116 of the Acts of Assembly of 1948, which provided a charter for the City of Richmond, relating to residency of council members.

20101989D

H.B. 1101 Affordable housing; certain localities allowed to adopt dwelling unit ordinances.

Patron: Carr


Affordable housing dwelling unit ordinances. Allows certain localities to adopt affordable housing dwelling unit ordinances. The governing body of any locality, other than localities to which certain current affordable housing provisions apply, may by amendment to the zoning ordinances of such locality provide for an affordable housing dwelling unit program. Such program shall address housing needs, promote a full range of housing choices, and encourage the construction and continued existence of housing affordable to low-and-moderate-income citizens by providing for increases in density to the applicant in exchange for the applicant voluntarily electing to provide such affordable housing. Any local ordinance may authorize the governing body to (i) establish qualifying jurisdiction-wide affordable dwelling unit sales prices based on local market conditions, (ii) establish jurisdiction-wide affordable dwelling unit qualifying income guidelines, and (iii) offer incentives other than density increases, such as reductions or waiver of permit, development, and infrastructure fees, as the governing body deems appropriate to encourage the provision of affordable housing.

Any zoning ordinance establishing an affordable housing dwelling unit program may include reasonable regulations and provisions as to any or all of the following: (a) for application of the requirements of an affordable housing dwelling unit program to any site, as defined by the locality, or a portion thereof at one location that is the subject of an application for rezoning or special exception or site plan or subdivision plat that yields, as submitted by the applicant, at an equivalent density greater than one unit per acre and that is located within an approved sewer area; (b) the waiver of any fees associated with the construction, renovation, or rehabilitation of a structure, including building permit fees, application review fees, and water and sewer connection fees; (c) for standards of compliance with the provisions of an affordable housing dwelling unit program and for the authority of the local governing body or its designee to enforce compliance with such standards and impose reasonable penalties for noncompliance, provided that a local zoning ordinance provide for an appeal process for any party aggrieved by a decision of the local governing body; and various other provisions set out in the bill.

Any zoning ordinance establishing such affordable housing dwelling unit program shall adopt the regulations and provisions set out in the bill to establish an affordable housing density bonus and development standards relief program.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2305.1, relating to affordable housing dwelling unit ordinances.

20107167D

H.B. 1186 Disposal of solid waste fees; Russell County.

Patron: Wampler

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.

20102276D

H.B. 1232 Vacant building registration; Town of Timberville.

Patron: Wilt

Vacant building registration; Town of Timberville. Adds the Town of Timberville to the list of localities with the authority to require the owner of buildings that have been vacant for a continuous period of 12 months or more and that meet the definition of "derelict building" to register such buildings on an annual basis and to impose an annual registration fee not to exceed $100 to defray the cost of processing such registration. Failure to register is punishable by a $200 civil penalty and in some cases a $400 civil penalty.

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

20101351D

H.B. 1233 Dayton, Town of; amending charter, organizational and technical changes.

Patron: Wilt

Charter; Town of Dayton. Makes numerous organizational and technical changes to the charter for the Town of Dayton in Rockingham County related to town council, powers, and officers. Such changes are consistent with powers generally granted to towns.

A BILL to amend and reenact §§ 2.1, 3.6, 3.7, 4.1, and 4.5, as amended, of Chapter 136 of the Acts of Assembly of 1988; to amend Chapter 136 of the Acts of Assembly of 1988 by adding sections numbered 2.3 through 2.9; and to repeal §§ 2.2, 4.2, and 4.4 of Chapter 136 of the Acts of Assembly of 1988, which provided a charter for the Town of Dayton in Rockingham County, relating to town council, town powers, and town officials.

20100197D

H.B. 1267 Land bank entities; planning district commissions.

Patron: Hodges

Land bank entities; planning district commissions. Permits localities to designate planning district commissions as a land bank entity. Currently, localities may create an authority or designate certain existing nonprofit organizations as a land bank entity.

A BILL to amend and reenact §§ 15.2-7500, 15.2-7502, and 15.2-7512 of the Code of Virginia, relating to land bank entities; planning district commissions.

20103118D

H.B. 1369 Land bank entities; conflict of interests.

Patron: Leftwich

Land bank entities; conflict of interests. Replaces an existing conflict of interests standard for members of the board and employees of a land bank entity with a reference to the State and Local Government Conflict of Interests Act.

A BILL to amend and reenact § 15.2-7505 of the Code of Virginia, relating to land bank entities; conflict of interests.

20101174D

H.B. 1565 Blackstone, Town of; amending charter, advisory referendums.

Patron: Wright

Charter; Town of Blackstone; advisory referendums. Authorizes the Town of Blackstone to hold advisory referendums regarding the use by the Town of Blackstone of town funds to construct, repair, remodel, or improve (i) the Harris Memorial Armory or (ii) a community center.

A BILL to amend Chapter 128 of the Acts of Assembly of 1989, which provided a charter for the Town of Blackstone in the County of Nottoway, by adding in Chapter 4 sections numbered 4.5 and 4.6, relating to advisory referendums.

20104796D

H.B. 1585 Altavista, Town of; discounted water and sewer fees.

Patron: Fariss

Discounted water and sewer fees; Town of Altavista. Adds the Town of Altavista to those localities that may develop criteria for providing discounted water and sewer fees and charges for low-income, elderly, or disabled customers.

A BILL to amend and reenact § 15.2-2119.2 of the Code of Virginia, relating to discounted water and sewer fees; Town of Altavista.

20104918D

H.B. 1655 Landowners; sale of certain property by locality.

Patron: Orrock

Sale of certain property by locality to adjoining landowners. Provides that, in any instance in which a parcel of real estate is (i) located within an undeveloped common area in a subdivision, (ii) located in a subdivision with a homeowners' association that has been previously dissolved, and (iii) tax delinquent, a locality may choose to offer for sale such tax delinquent property in whole or in part to adjacent property owners prior to any public auction of the tax delinquent property. The locality may waive any liens associated with the property in order to facilitate the sale and may further waive payment of any past taxes, penalties, and interest with regard to any new owner.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-1800.3, relating to sale of certain property by locality to adjoining landowners.

20104419D

H.B. 1675 Solar energy facilities; siting agreement with host locality.

Patron: Hodges

Siting of solar energy facilities. Requires any applicant seeking to locate a commercial solar photovoltaic (electric energy) generation or storage facility, or any portion thereof, on any census tract meeting the eligibility requirements for an opportunity zone as designated by the federal Internal Revenue Service to execute a siting agreement with the host locality in which the census tract is located, prior to the issuance of a permit by rule or certificate of public need. The bill grants localities various powers in executing such siting agreement and contains certain requirements for the agreement provisions. The bill does not apply to any solar photovoltaic (electric energy) generation or storage facility that has received zoning or site plan approval, preliminary or otherwise, from the host locality on or before January 1, 2020.

A BILL to amend the Code of Virginia by adding in Chapter 22 of Title 15.2 an article numbered 7.3, consisting of sections numbered 15.2-2316.6 through 15.2-2316.9, relating to siting of solar energy facilities.

20105140D