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2018 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 30, 2018
Time and Place: 1/2 Hour After Adj. Senate Room A, Pocahontas Building

S.B. 179

Patron: Stanley

Comprehensive plan; solar facilities. Provides that a solar facility subject to provisions requiring the facility to be substantially in accord with a locality's comprehensive plan shall be deemed to be substantially in accord with the comprehensive plan if (i) such proposed solar facility is located in a zoning district that allows such solar facilities by right, (ii) such proposed solar facility is designed to serve the electricity or thermal needs of the property upon which such facility is located, or will be owned or operated by an eligible customer-generator or eligible agricultural customer-generator under § 56-594 or by a small agricultural generator under § 56-594.2, or (iii) such solar facility is advertised and approved concurrently in a public hearing process with a rezoning, special exception, or other approval process.

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

18103842D

S.B. 211

Patron: Stuart

Comprehensive plans; groundwater and surface water. Authorizes a locality to show in the locality's comprehensive plan the locality's long-range recommendations for groundwater and surface water availability, quality, and sustainability. The bill requires the local planning commission to survey and study groundwater and surface water availability, quality, and sustainability in the preparation of a comprehensive plan.

A BILL to amend and reenact §§ 15.2-2223 and 15.2-2224 of the Code of Virginia, relating to comprehensive plans; groundwater and surface water.

18100926D

S.B. 290

Patron: McClellan

Affordable dwelling unit ordinances. Expands from specific localities to any locality the scope of existing enabling legislation related to affordable dwelling unit ordinances, making such legislation applicable statewide. Other existing statewide provisions related to affordable dwelling unit ordinances are repealed and references to those provisions are deleted.

A BILL to amend and reenact §§ 2.2-3705.7, 15.2-2304, and 55-58.3 of the Code of Virginia and to repeal § 15.2-2305 of the Code of Virginia, relating to affordable dwelling unit ordinances.

18101959D

S.B. 356

Patron: McClellan

Charter; City of Richmond; office of the inspector general; city auditor. Creates an office of the inspector general for the City of Richmond. The inspector general shall be appointed by the council, and the duties of the inspector general shall be to conduct such investigations as are authorized by the Code of Virginia for a local government auditor. The bill authorizes the inspector general, in the conduct of such investigation, to order the attendance of any person as a witness and the production by any person of all relevant books and papers. The bill also authorizes the city auditor to appoint such accountants and other assistants for the performance of the duties of the city auditor's office as the council may provide for and sets out the duty of the city auditor to examine and audit all accounts, books, records, and financial transactions of the city, and of any department, board, commission, office, or agency thereof, including all trust funds, special funds, and other funds.

A BILL to amend and reenact § 4.16, as amended, and § 4.18 of Chapter 116 of the Acts of Assembly of 1948, which provided a charter for the City of Richmond, and to amend Chapter 116 of the Acts of Assembly of 1948 by adding a section numbered 4.19, relating to establishing the office of the inspector general; city auditor.

18101203D

S.B. 367

Patron: Newman

Regulation of stormwater; airports. Allows localities to provide for a partial waiver of service charges for stormwater management to airports for that portion of the property that is used for runways and taxiways.

A BILL to amend and reenact § 15.2-2114 of the Code of Virginia, relating to regulation of stormwater; airports.

18100804D

S.B. 371

Patron: Chafin

Recreation facilities; regulation of activities; liability of localities. Authorizes a locality to establish, conduct, and regulate public boating, canoeing, kayaking, and tubing activities on property adjacent to public waterways and to set apart for such use any land or buildings owned or leased by it and obtain licenses or permits for such use on land not owned or leased by it.

The bill also exempts such localities, and the owners of property leased or licensed for such use, from liability for injuries to a person or his property on systems of trails for hiking, biking, and horseback riding and from boating, canoeing, kayaking, or tubing activities on property adjacent to public waterways in the absence of gross negligence or willful misconduct. Current law exempts such localities, and the owners of property leased or licensed for such use, from liability only for injuries to a person or property on systems of trails used for all-terrain vehicles or off-road motorcycles in the absence of gross negligence or willful misconduct.

A BILL to amend and reenact §§ 15.2-1806 and 15.2-1809.1 of the Code of Virginia, relating to recreation facilities; regulation of activities; liability of localities.

18100725D

S.B. 397

Patron: Lewis

Hampton Roads Coastal Resiliency Authority. Creates the Hampton Roads Coastal Resiliency Authority (Authority) as a body politic and corporate, a political subdivision of the Commonwealth. The Authority shall consist of all localities that make up the membership of the Hampton Roads Planning District Commission and is created for the purpose of serving as a regional leader, resource, and partner for all issues related to coastal flooding and resiliency.

A BILL to amend the Code of Virginia by adding in Title 15.2 a chapter numbered 59.2, consisting of sections numbered 15.2-5928 through 15.2-5933, relating to Hampton Roads Coastal Resiliency Authority.

18102802D

S.B. 429

Patron: Stanley

Local regulation of solar facilities. Provides that a property owner may install a solar facility on the roof of a dwelling or other building to serve the electricity or thermal needs of that dwelling or building, provided that such installation is in compliance with any height and setback requirements in the zoning district where such property is located as well as any provisions pertaining to any local historic district. Unless a local ordinance provides otherwise, a ground-mounted solar energy generation facility shall also be permitted, provided that such installation is in compliance with any height and setback requirements in the zoning district where such property is located as well as any provision pertaining to any local historic district. Any other proposed solar facility, including any solar facility that is designed to serve, or serves, the electricity or thermal needs of any property other than the property where such facilities are located, shall be subject to any applicable zoning regulations of the locality.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2288.7, relating to local regulation of solar facilities.

18104541D

S.B. 448

Patron: Chafin

Abandoned school revitalization zones in coalfield region. Allows localities located in the coalfield region of Virginia to establish by ordinance one or more abandoned school revitalization zones for the purpose of providing incentives to private entities to purchase or develop real property or to assemble parcels suitable for economic development that include an abandoned school site. Each locality establishing an abandoned school revitalization zone may grant incentives and provide regulatory flexibility. The incentives may include, but not be limited to, (i) reduction of permit fees, (ii) reduction of user fees, (iii) reduction of any type of gross receipts tax or any other type of tax as permitted by state law, and (iv) waiver of tax liens to facilitate the sale of property, if deemed appropriate. A school located in an abandoned school revitalization zone shall be eligible for participation in the Virginia Shell Building Initiative.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-941.1, relating to abandoned school revitalization zones in coalfield region.

18104349D

S.B. 451

Patron: Dance

Local government; authority to require abatement of criminal blight on real property. Authorizes any locality to enact an ordinance that requires corrective action to address criminal blight conditions on certain real property. The bill defines criminal blight to include conditions on real property that endanger residents of the community by the regular presence of persons using the property for controlled substance use or sale and other criminal activities, specifically commercial sex trafficking or prostitution. Current law allows local governments to enact an ordinance for taking action against a property owner with regard to illegal drug activity on such real property within the locality. The bill also provides a procedure for the locality and law-enforcement officials to secure inspection warrants for guest registries for real property operated as a hotel or motel or other transient lodging if the property is declared to be in a state of criminal blight. This is a recommendation of the Virginia Housing Commission.

A BILL to amend and reenact §§ 15.2-907 and 36-105 of the Code of Virginia, relating to localities; authority to require abatement of criminal blight on real property.

18101378D

S.B. 538

Patron: Hanger

Expansion of courthouses to contiguous property. Provides that expansion of a courthouse to contiguous land within the same county or city shall not trigger a referendum requirement. The existing statute refers only to relocation within the same county.

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

18101913D

S.B. 622

Patron: Surovell

Local transportation plan; secondary system road construction program allocation; undergrounding utilities. Provides that if the adopted local transportation plan designates corridors planned to be served by mass transit, a portion of its allocation from the secondary system road construction program may be used for the purpose of utility undergrounding in the planned corridor, if the locality matches 100 percent of the state allocation.

A BILL to amend and reenact § 15.2-2223 of the Code of Virginia, relating to local transportation plan; secondary system road construction program allocation; undergrounding utilities.

18104532D

S.B. 667

Patron: Deeds

Regulation of attire at a public assembly. Authorizes a locality to pass an ordinance to regulate, restrict, or prohibit the wearing of any combination of attire or weaponry commonly associated with military combat, paramilitary operations, or warfare that gives the impression that the wearer is an on-duty member of the United States Armed Forces, an official law-enforcement agency, or the militia during any permitted assembly of persons or movement of persons or vehicles if such attire constitutes a threat to the public safety or welfare.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-925.01, relating to regulation of attire at a public assembly.

18100311D

S.B. 681

Patron: Deeds

Charter; Town of Iron Gate. Amends provisions related to the time of council elections to reflect the town council's recent transition to November elections and updates provisions related to the filling of vacancies.

A BILL to amend and reenact § 1, as amended, of Chapter III and § 3 of Chapter III of Chapter 99 of the Acts of Assembly of 1940, which provided a charter for the Town of Iron Gate, relating to town elections.

18102259D

S.B. 714

Patron: Chase

Local economic development expenditure. Provides that any local economic development expenditure shall be first approved by the local governing body.

A BILL to amend and reenact § 15.2-940 of the Code of Virginia, relating to approval of certain economic development expenditures.

18103334D

S.B. 750

Patron: Sturtevant

Charter; City of Richmond; equal educational opportunities; school infrastructure. Requires the mayor of the City of Richmond to present to the city council not later than January 1, 2019, a fully funded plan to modernize the city's K-12 educational infrastructure consistent with national standards or inform city council that such a plan is not feasible. The bill prohibits basing the fully funded plan on the passage of new or increased taxes for that purpose.

A BILL to amend Chapter 116 of the Acts of Assembly of 1948, which provided a charter for the City of Richmond, by adding a section numbered 6.15:3, relating to equal educational opportunities; school infrastructure.

18100974D

S.B. 751

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, 2019.

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.

18104562D

S.B. 821

Patron: Edwards

New River Valley Emergency Communications Regional Authority; annual budget contribution. Changes from one-quarter of the annual budget to a proportionate contribution amount from each participating political subdivision the required contribution to the operating and capital budget of the New River Valley Emergency Communications Regional Authority (the Authority). The bill requires the Board of the Authority to develop and submit for approval a formula to allocate a proportionate contribution for each participating political subdivision on or before February 1, 2019. The bill requires that the participating political subdivisions unanimously approve the formula before it is used to calculate each participating political subdivision's required contribution. If the formula is not unanimously approved, each participating political subdivision's contribution remains a one-quarter share of the annual budget.

A BILL to amend and reenact §§ 3, 20, 28, and 29 of Chapter 638 of the Acts of Assembly of 2010, relating to New River Valley Emergency Communications Regional Authority; annual budget contribution.

18104348D

S.B. 839

Patron: Favola

Turns in certain residential areas; resident stickers. Allows counties by ordinance to develop a program to issue permits to residents of a designated area that will allow such residents to make turns into or out of the neighborhood during certain times of the day where such turns would otherwise be restricted.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2022.1, relating to turns in certain residential areas; resident stickers.

18104060D

S.B. 871

Patron: Peake

Charter; Town of Amherst. Alters the election of members of the town council of the Town of Amherst from two-year terms to four-year staggered terms.

A BILL to amend and reenact § 1, as amended, of Article III of Chapter 397 of the Acts of Assembly of 1950, which provided a charter for the Town of Amherst, relating to council elections.

18104117D