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2020 SESSION

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Senate Committee on Local Government

Chair: Lynwood W. Lewis, Jr.

Date of Meeting: January 20, 2020
Time and Place: 9:00 a.m. Senate Room 3, Capitol

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. 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. 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. 351 Localities; authority to provide broadband service.

Patron: Lucas

Authority of localities to provide broadband service. Provides that any locality may establish any department, office, board, commission, agency, or other governmental division or entity that has authority to offer telecommunications, Internet access, broadband, information, and data transmission services.

A BILL to amend and reenact § 15.2-1500 of the Code of Virginia, relating to authority of localities to provide broadband service.

20103514D

S.B. 360 Sewage and water facilities; installation 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. 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. 726 Richmond Metropolitan Transportation Authority; change in membership.

Patron: McClellan

Richmond Metropolitan Transportation Authority; membership. Decreases from five to four the number of members of the Richmond Metropolitan Transportation Authority appointed by the Mayor of the City of Richmond and adds to the Authority one member of the City Council of the City of Richmond appointed by the president of the Council.

A BILL to amend and reenact § 33.2-2901 of the Code of Virginia, relating to the Richmond Metropolitan Transportation Authority; membership.

20102253D

S.B. 746 Comprehensive plan; extends time for approval by locality.

Patron: Bell

Comprehensive plan. Extends the time by which a governing body is required to approve or disapprove a locality-initiated comprehensive plan amendment from 90 to 180 days.

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

20105016D

S.B. 787 Norfolk, City of; financing of an arena and facility.

Patron: Lewis

City of Norfolk; financing of an arena and facility. Grants the City of Norfolk certain powers relating to construction of an arena and facility. Among those powers is the authority to (i) issue bonds to construct the arena and facility, (ii) receive state sales and use tax revenue that is attributable to the arena and facility, and (iii) use such revenue to repay such bonds. The bill provides that the City of Norfolk's entitlement to state sales and use tax revenue will expire on the earliest of (i) the maturity date of any bonds it issues related to constructing the arena and facility, (ii) the expiration date of its contractual obligations related to the arena or facility, or (iii) July 1, 2055. The powers granted by the bill to the City of Norfolk are similar to those granted to the City of Virginia Beach with respect to a sports or entertainment project.

A BILL to amend the Code of Virginia by adding in Title 15.2 a chapter numbered 59.3, consisting of sections numbered 15.2-5935 through 15.2-5942, relating to City of Norfolk; financing of an arena and facility.

20103539D

S.B. 796 Hampton Roads Coastal Resiliency Authority; created.

Patron: Lewis

Hampton Roads Coastal Resiliency Authority. Creates the Hampton Roads Coastal Resiliency Authority (the Authority) as a political subdivision of the Commonwealth. The Authority may by ordinance consist of any locality that makes 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. The bill shall not become effective date until participating localities comprising two-thirds of the population of the Hampton Roads Planning District have elected to join the Authority.

A BILL to amend the Code of Virginia by adding in Title 15.2 a chapter numbered 59.3, consisting of sections numbered 15.2-5935 through 15.2-5940, relating to Hampton Roads Coastal Resiliency Authority.

20103930D

S.B. 803 Attorneys for the Commonwealth; compensation and collection of fees.

Patron: Morrissey


Attorneys for the Commonwealth; compensation and collection of fees. Prohibits the Compensation Board, when determining staffing and funding levels for offices of attorneys for the Commonwealth, from (i) considering the number of charges brought or the number of convictions obtained by such attorney for the Commonwealth; (ii) relying on standards devised or recommended by the attorney for the Commonwealth, law-enforcement agencies, or professional associations representing attorneys for the Commonwealth or law-enforcement officers; or (iii) using measures that increase if an attorney for the Commonwealth (a) elects to prosecute a more serious charge, (b) elects to prosecute additional charges from a single arrest or criminal incident, (c) obtains convictions rather than dismissing charges or offering reduced charges, or (d) proceeds with prosecution rather than diversion. The bill also requires attorneys for the Commonwealth to pay all fees collected by them in consideration of the performance of official duties or functions into the state treasury, instead of only half of such fees. The bill requires the State Treasurer to pay to the treasuries of the respective counties and cities of the attorneys for the Commonwealth a proportion of half of all such fees collected by all attorneys for the Commonwealth, as determined by each county or city's crime rate, criminal incident rate, or arrest rate. Finally, the bill changes the fees collected by attorneys for the Commonwealth on trials of felony indictments from $40 on each count to $120 for each trial of a Class 1 or Class 2 felony indictment, or other felony that carries a possible penalty of life in prison, except robbery, and $40 for each trial on robbery and all other felony indictments regardless of the number of counts. The bill contains technical amendments.

 

A BILL to amend and reenact §§ 15.2-1626, 15.2-1627.2, 15.2-1627.3, and 15.2-1636.8 of the Code of Virginia, relating attorneys for the Commonwealth; compensation and collection of fees.

20103175D

S.B. 826 Water and sewer service charges; tenant or lessee.

Patron: McDougle

Water and sewer service charges; tenant or lessee. Reduces the maximum potential responsibility of a property owner for a tenant's unpaid water and sewer charges by capping the dollar amount of such property owner's responsibility at $200.

A BILL to amend and reenact § 15.2-2119.4 of the Code of Virginia, relating to water and sewer service charges; tenant or lessee.

20103958D

S.B. 839 Permitted provisions in the zoning ordinance; worker protection.

Patron: Ebbin

Permitted provisions in the zoning ordinance; worker protection. Authorizes a locality to include in its zoning ordinance certain conditions as part of the grant of a special exception that permits development at a floor area ratio (FAR) greater than 1.0 or 25 units per acre, or requires the construction of or improvements to public facilities, public roads, or other publicly owned or managed areas. Such conditions may require a developer, directly or through its contractors, to enter into binding contractual commitments that provide certain protections for the skilled and unskilled workers hired to build the development project.

A BILL to amend and reenact § 15.2-2286 of the Code of Virginia, relating to permitted provisions in the zoning ordinance; worker protection.

20103585D

S.B. 869 Hearing notice by localities; timely notice related to planning or zoning matter to newspaper, etc.

Patron: DeSteph

Hearing notice by localities. Provides that if a locality has submitted a timely notice request related to a planning or zoning matter to a newspaper of general circulation and the newspaper fails to publish the notice, a locality shall be deemed to have met public hearing notice requirements so long as notice of the agenda, including the item intended for publication in the newspaper, was published on the locality's website at least three weeks before the hearing.

A BILL to amend and reenact § 15.2-2204 of the Code of Virginia, relating to notice by localities.

20103684D

S.B. 941 Local government meetings; weather.

Patron: Locke

Local government meetings; weather. Authorizes any political subdivision, board, or authority, at its annual meeting, to fix the day or days to which a regular meeting shall be continued if the chairman or mayor, or vice-chairman or vice-mayor if the chairman or mayor is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the regular meeting.

A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 15.2 a section numbered 15.2-111, relating to local government meetings; weather.

20104543D

S.B. 977 Local governing body meetings; public comment.

Patron: Suetterlein

Local governing body meetings; public comment. Requires a governing body to provide members of the general public with the opportunity for public comment during at least half of the regular meetings held each fiscal year.

A BILL to amend and reenact § 15.2-1416 of the Code of Virginia, relating to local governing body meetings; public comment.

20105104D