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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: February 20, 2018
Time and Place: 1/2 Hour After Adj. Senate Room A, Pocahontas Building

H.B. 22

Patron: Ware

Mandatory water and sewer connections; Powhatan County. Adds Powhatan County and Smyth County to the list of counties that may require connection to their water and sewer systems by owners of property that can be served by the systems if the property, at the time of installation of such public system, or at a future time, does not have a then-existing, correctable, or replaceable domestic supply or source of potable water and a then-existing, correctable, or replaceable system for the disposal of sewage adequate to prevent the contraction or spread of infectious, contagious, and dangerous diseases. Smyth County is also added to those counties with authority to assume the obligations of a public service authority under the same terms and conditions as applicable to the public service authority.

A BILL to amend and reenact § 15.2-2110 of the Code of Virginia, relating to mandatory water and sewer connections.

18101211D

H.B. 60

Patron: Ware

Goochland County; Economic Development Authority; board of directors; quorum. Authorizes the Board of Supervisors of Goochland County to appoint five members to the Board of Directors of the Goochland County Economic Development Authority. Three members of the board of directors shall constitute a quorum of the board for the purposes of conducting its business and exercising its powers and for all other purposes, except that no facilities owned by the authority shall be leased or disposed of in any manner without a majority vote of the members of the board of directors.

A BILL to amend and reenact § 15.2-4904 of the Code of Virginia, relating to Goochland County; Economic Development Authority; board of directors; quorum.

18101328D

H.B. 123

Patron: Austin

Town of Buchanan charter; elections; town council members; employees of town. Staggers the elections of the town's four council members so that, beginning with the November general election in 2019, two members shall be elected to two-year terms in odd-numbered years, and two members and the mayor shall be elected to two-year terms in even-numbered years. The bill also makes the town clerk and town treasurer employees of the town, responsible to the town manager. The bill changes who shall appoint the town treasurer from the town council to the town manager. The bill contains technical amendments.

A BILL to amend and reenact §§ 3.2, 3.3, as amended, 3.4, 4.3, 4.4, 4.6, 4.7, 4.8, and 5.3 of Chapter 29 of the Acts of Assembly of 1992, which provided a charter for the Town of Buchanan, relating to elections; town council members; employees of town.

18101231D

H.B. 267

Patron: Wright

Charter; Town of Crewe. Removes a provision placing the police force of the town under the control of the mayor.

A BILL to amend and reenact § 3.5 of Chapter 669 of the Acts of Assembly of 1972, which provided a charter for the Town of Crewe in Nottaway County, relating to powers and duties of mayor.

18100740D

H.B. 283

Patron: McQuinn

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.

18102115D

H.B. 295

Patron: Murphy

Turns in certain residential areas in certain counties; resident stickers. Allows counties that operate under the urban county executive form of government (Fairfax County) 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.

18103592D

H.B. 316

Patron: Jones, J.C.

Charter; City of Norfolk; appointment of officers; record of ordinances; division of fire. Replaces a references to election of certain city officers with a reference to appointment of such officers and deletes a references to viva voce voting. The bill removes a provision requiring ordinances to be published in a newspaper of general circulation within 10 days after passage and outdated and duplicative provisions related to claims for property destroyed in a fire.

A BILL to amend and reenact § 10.1, § 16, as amended, and § 62 of Chapter 34 of the Acts of Assembly of 1918, which provided a charter for the City of Norfolk, relating to appointment of officers, record of ordinances, and division of fire.

18101445D

H.B. 340

Patron: LaRock

Agreements for the Loudoun County treasurer to collect and enforce real and personal property taxes on behalf of certain towns. Authorizes the Loudoun County Board of Supervisors to allow the county treasurer to enter into agreements with towns located partially or wholly within Loudoun County for the collection and enforcement of real or personal property taxes by the county treasurer.

A BILL to authorize Loudoun County to enter into agreements for the treasurer to collect and enforce real and personal property taxes on behalf of any town located in such county.

18102160D

H.B. 431

Patron: Marshall

Enterprise Zone Grant Program; designation of enterprise zone; amendments to the size of an enterprise zone. Codifies the minimum size and maximum size of enterprise zones under the Enterprise Zone Grant Program administered by the Department of Housing and Community Development. The bill also provides that amendments to an enterprise zone that include the elimination of an area or areas from the zone shall not exceed the maximum size provisions and shall be reviewed by the Department with the potential impact on affected businesses and property owners given primary consideration.

A BILL to amend and reenact §§ 59.1-542 and 59.1-544 of the Code of Virginia, relating to the Enterprise Zone Grant Program; designation of enterprise zone; amendments to the size of an enterprise zone.

18101734D

H.B. 488

Patron: Hurst

Charter; Town of Blacksburg. Makes clarifying changes to language that provides that the town shall vote on a proposed ordinance two times and that an ordinance may only be passed at the same meeting at which the public hearing is held unless the agenda for such meeting indicates that the ordinance will not be acted on at the 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, relating to ordinances.

18104342D

H.B. 494

Patron: Hodges

Land development; replacement of trees; locality within Chesapeake Bay watershed. Authorizes any locality within the Chesapeake Bay watershed to adopt an ordinance providing for the planting and replacement of trees during the development process. Currently, only a locality with a population density of 75 persons per square mile may adopt such an ordinance. The bill also makes technical changes.

A BILL to amend and reenact § 15.2-961 of the Code of Virginia, relating to development projects; replacement of trees.

18100432D

H.B. 508

Patron: Hodges

Local regulation of solar facilities. 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 or architectural preservation 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. The bill requires that any ground-mounted solar energy generation facility existing as of January 1, 2018 be deemed a legal nonconforming use. The bill has a delayed effective date of January 1, 2019, with respect to ground-mounted solar energy generation facilities.

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

18106085D

H.B. 509

Patron: Hodges

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 or (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. The bill authorizes a locality to allow for a substantial accord review for other solar facilities to be 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.

18103844D

H.B. 548

Patron: Freitas

Boundary agreement between Counties of Spotsylvania and Orange; attachment of GIS map to petitions. Allows the Counties of Spotsylvania and Orange, in adopting a voluntary boundary agreement, to attach to their petitions to the circuit court a Geographic Information System (GIS) map depicting the boundary change. Under current law, such use of a GIS map is permitted only regarding the boundary between the Counties of Louisa and Goochland and between the County of Loudoun and any town therein.

A BILL to amend and reenact § 15.2-3108 of the Code of Virginia, relating to voluntary boundary agreements; GIS map.

18102723D

H.B. 594

Patron: Carr

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 or the malicious discharge of a firearm within a building or dwelling. 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. As introduced , this bill is a recommendation of the Virginia Housing Commission.

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

18106512D

H.B. 637

Patron: O'Quinn

Charter; City of Bristol. Dissolves the economic development committee of Bristol, Virginia. The Industrial Development Authority of the City of Bristol, Virginia (the City), shall have all the powers to induce manufacturing, industrial, and commercial enterprises to locate or remain in the City as authorized by the Industrial Development and Revenue Bond Act and shall specifically have all powers vested in the former economic development committee of the City.

A BILL to amend and reenact § 8.07 of Chapter 542 of the Acts of Assembly of 1990, which provided a charter for the City of Bristol, relating to Industrial Development Authority.

18102319D

H.B. 663

Patron: Kilgore

Reimbursement of costs necessary to examine, review, and supervise a cooperative agreement. Requires parties who have applied to the Department of Health for approval of a cooperative agreement to pay all costs incurred to examine the initial application and, in the event that the cooperative agreement is approved, all costs incurred for the review and ongoing supervision of the cooperative agreement by the State Health Commissioner, including costs of experts and consultants retained by the Commissioner. Prior to contracting with experts or consultants, the Commissioner shall provide reasonable notice to the parties describing the proposed scope of work and anticipated costs of such experts and consultants..

A BILL to amend and reenact § 15.2-5384.1 of the Code of Virginia, relating to reimbursement of costs necessary to examine, review, and supervise a cooperative agreement.

18106839D

H.B. 671

Patron: Kilgore

Tourism Development Authority; LENOWISCO and Cumberland Plateau Planning District Commissions. Reorganizes the Tourism Development Authority by increasing board membership and creating tourism advisory committees.

A BILL to amend and reenact §§ 15.2-5502 and 15.2-5505 of the Code of Virginia, relating to Tourism Development Authority; LENOWISCO and Cumberland Plateau Planning District Commissions.

18102025D

H.B. 692

Patron: Marshall

Virginia Regional Industrial Facilities Act; revenue sharing; composite index. Requires the Department of Taxation's calculation of true values as applied to the Commonwealth's composite index of local ability-to-pay to take into account an arrangement by localities entered into pursuant to the Virginia Regional Industrial Facilities Act whereby a portion of tax revenue is initially paid to one locality and redistributed to another locality. The bill requires such calculation to properly apportion the percentage of tax revenue ultimately received by each locality. The bill has a delayed effective date of July 1, 2020.

A BILL to amend and reenact § 15.2-6407 of the Code of Virginia, relating to Virginia Regional Industrial Facilities Act; revenue sharing; composite index.

18106622D

H.B. 709

Patron: Bell, John J.

Zoning violation penalties. Increases the maximum fine for misdemeanor conviction of a zoning violation from $1,000 to $2,000. The bill also increases the maximum fine for failure to remove or abate the zoning violation after conviction from $1,500 to $2,000 for succeeding 10-day periods.

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

18102445D

H.B. 756

Patron: Leftwich

Charter; City of Chesapeake; director of audit services. Provides that the director of audit services for the City of Chesapeake shall be known as the City Auditor, shall be chosen solely on the basis of professional qualifications, and shall serve at the pleasure of the city council.

A BILL to amend and reenact § 7.02, as amended, of Chapter 717 of the Acts of Assembly of 1980, which provided a charter for the City of Chesapeake, relating to director of audit services; City Auditor.

18102539D

H.B. 775

Patron: Landes

Removal of snow and ice; county executive form of government. Authorizes any county outside Planning District 8 that has adopted the county executive form of government (Albemarle County), to provide by ordinance reasonable criteria and requirements for the removal of accumulations of snow and ice from public sidewalks by the owner or other person in charge of any occupied property. Currently, only counties within Northern Virginia Planning District 8 may adopt such an ordinance.

A BILL to amend and reenact § 15.2-2025 of the Code of Virginia, relating to removal of snow and ice; county executive form of government.

18101862D

H.B. 1093

Patron: Hodges

Middle Peninsula Chesapeake Bay Public Access Authority; purpose. Authorizes the Middle Peninsula Chesapeake Bay Public Access Authority (the Authority) to receive and expend public funds and private donations and apply for permits in order to perform dredging projects on waterways and construct facilities and infrastructure within the region for which the Authority exists. The bill requires such projects to enhance recreational or commercial public access.

A BILL to amend and reenact § 15.2-6601 of the Code of Virginia, relating to Middle Peninsula Chesapeake Bay Public Access Authority; purpose.

18102316D

H.B. 1095

Patron: Hodges

Chesapeake Bay public water access authorities; regional dredging. Authorizes the Middle Peninsula Chesapeake Bay Public Access Authority and the Northern Neck Chesapeake Bay Public Access Authority to undertake dredging projects and authorizes those public access authorities and the Eastern Shore Water Access Authority, which currently is empowered to undertake dredging projects, to work together in any combination to undertake dredging projects in any of their jurisdictions.

A BILL to amend and reenact §§ 15.2-6606, 15.2-6632, and 15.2-7401 of the Code of Virginia, relating to Chesapeake Bay public water access authorities; regional dredging.

18102727D

H.B. 1166

Patron: Collins

Charter; Town of Front Royal. Makes extensive updates to the Town of Front Royal's charter by deleting outdated provisions and updating references to current law. Other changes include granting certain powers regarding blighted or derelict structures, rewriting public notice provisions, and granting authority to contract with users from outside the town for provision of water, gas, electric, sewer, or other utility services, notwithstanding any other provision of law.

A BILL to amend and reenact § 2, §§ 4 and 6, as amended, § 9, § 11, as amended, § 12, §§ 13 and 18, as amended, §§ 28 and 37, § 39, as amended, and §§ 44, 60, 63, 64 (a), 65, and 67 of Chapter 44 of the Acts of Assembly of 1937, which provided a charter for the Town of Front Royal, relating to boundaries, town officers, town powers, and notices.

18104530D

H.B. 1179

Patron: Pillion

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.

18104360D

H.B. 1240

Patron: Cline

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.

18102878D

H.B. 1399

Patron: Wilt

Charter; Town of Broadway. Amends the town's charter to reflect the recent change to November municipal elections and changes the mayor's term from two years to four years.

A BILL to amend and reenact § 3.2, as amended, and § 4.1 of Chapter 836 of the Acts of Assembly of 1978, which provided a charter for the Town of Broadway, relating to municipal elections; term of the mayor.

18104072D

H.B. 1428

Patron: Kilgore

Charter; Town of Jonesville. Reduces the number of councilmen from seven to five and lengthens the terms of councilmen and the mayor from two years to four years. The bill contains an emergency clause.

A BILL to amend and reenact §§ 2 and 3, as amended, of Chapter 107 of the Acts of Assembly of 1901, which provided a charter for the Town of Jonesville in Lee County, relating to town council.

18104624D

EMERGENCY

H.B. 1437

Patron: Gooditis

Charter; Town of Middleburg. Provides that the Middleburg town council may, notwithstanding any other provision of law, levy a tax on business personal property, as described in the Code of Virginia, without regard to the existence of, or rate of, tax on motor vehicles or any other classification of tangible personal property.

A BILL to amend Chapter 423 of the Acts of Assembly of 1983, which provided a charter for the Town of Middleburg in Loudoun County, by adding a section numbered 2.4, relating to personal property taxes.

18104719D

H.B. 1450

Patron: Campbell

The BVU Authority. Authorizes the BVU Authority to execute, assign, or transfer property without implementing the provisions of the Virginia Public Procurement Act any internal contract between the divisions of the Authority that following such execution, assignment, or transfer will be between the Authority and the purchaser of the Authority's assets.

A BILL to amend and reenact § 15.2-7207 of the Code of Virginia, relating to the BVU Authority.

18106968D

H.B. 1595

Patron: Wilt

Vested rights; existing landscape cover materials. Provides that, notwithstanding any local ordinance to the contrary, an owner of real property who has an occupancy permit issued as of January 1, 2018, shall not be required to retrofit existing landscape cover materials. The bill further provides that such owner shall not be prohibited from continuing to use, supplement, or refurbish existing landscape cover materials at such property.

 A BILL to amend and reenact § 15.2-2307 of the Code of Virginia, relating to vested rights; existing landscape cover materials.

18106217D