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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: January 27, 2020
Time and Place: 9:00 a.m. Senate Room 3, Capitol

S.B. 96 Norfolk, City of; amending charter, employees of officers, vagrants.

Patron: Spruill

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.

20100674D

S.B. 244 Bluefield, Town of; amending charter, relating to town council, mayor, and town powers.

Patron: Chafin

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.

20103892D

S.B. 257 Brodnax, Town of; amending charter, reduces number of town councilmen.

Patron: Ruff

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.

20101084D

EMERGENCY

S.B. 281 Scottsville, Town of; amending charter, staggered elections for town council and other officers.

Patron: Deeds

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.

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.

20100709D

S.B. 284 Charlottesville, City of; amending charter, modernizes and reorganizes charter.

Patron: Deeds

Charter; City of Charlottesville; city organization; council. Modernizes and reorganizes aspects of the charter of the City of Charlottesville. The bill updates and repeals various provisions to conform to state and federal law as well as current city organization.

A BILL to amend and reenact §§ 1, 5, as amended, 5.1, as amended, 6, as amended, 7, 8, 9, as amended, 12, as amended, 14, as amended, 17, as amended, 19, 20, as amended, 25, 28, 29, as amended, 36 through 40, 42, 43, as amended, 45-a through 48, 50.1, as amended, 50.2, 50.3, 50.4, as amended, 50.5, 50.6, 50.7, and 51 of Chapter 384 of the Acts of Assembly of 1946, to amend Chapter 384 of the Acts of Assembly of 1946 by adding sections numbered 5.01 and 5.02, and to repeal §§ 2, 10, 11, and 13, as amended, 14-b, 15, as amended, 18, 24, as amended, 26, 27, as amended, 31, 33, as amended, 35, and 45 of Chapter 384 of the Acts of Assembly of 1946, which provided a charter for the City of Charlottesville, relating to city organization; council.

20101610D

S.B. 454 Blacksburg, Town of; amending charter, public hearings.

Patron: Edwards

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 delays 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.

20102442D

S.B. 528 Richmond, City of; amending charter, residency of council members.

Patron: Hashmi

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.

20102256D

S.B. 541 Middleburg, Town of; amending charter, clarification of powers and duties of mayor, council, etc.

Patron: Vogel

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.

20103065D

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. 597 Elkton, Town of; amending charter, town boundaries, council meetings.

Patron: Hanger

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.

20102408D

S.B. 638 Affordable housing; location 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. 690 Dayton, Town of; amending charter, organizational and technical changes.

Patron: Obenshain

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.

20102467D

S.B. 778 Housing; extension of approvals to address crisis.

Patron: Lewis

Extension of approvals to address housing crisis. Extends the sunset date for several measures related to various land use approvals from July 1, 2020, to July 1, 2023. The bill also expands the scope of such measures that will be subject to the extension to include those measures approved by January 1, 2020.

A BILL to amend and reenact § 15.2-2209.1 of the Code of Virginia and the third enactment of Chapter 508 of the Acts of Assembly of 2012, as amended by Chapter 509 of the Acts of Assembly of 2013 and Chapter 660 of the Acts of Assembly of 2017, relating to extension of certain local approvals.

20104089D

S.B. 834 Affordable housing; certain localities allowed to adopt dwelling unit ordinances.

Patron: McClellan


Affordable housing dwelling unit ordinances. Allows certain localities to adopt affordable 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; and (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.

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.

20104662D

S.B. 839 Zoning; permitted provisions in 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. 870 Solar photovoltaic projects; conditional zoning.

Patron: Marsden

Conditional zoning for solar photovoltaic projects. Authorizes any locality with a planning commission 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. The bill also authorizes a zoning ordinance to include reasonable regulations to implement certain provisions related to conditional proffers.

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.

20102704D

S.B. 875 Solar energy projects; national standards.

Patron: Marsden

Solar energy projects; national standards. Authorizes a locality to include in its zoning ordinance provisions to incorporate generally accepted national 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.

20102705D

S.B. 893 Comprehensive plan; solar facilities review.

Patron: Marsden

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.

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

20102707D

S.B. 900 Virginia Beach, City of; amending charter, council members.

Patron: DeSteph

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.

20103545D

S.B. 961 Hopewell, City of; amending charter, issuance of bonds.

Patron: Morrissey

Charter; City of Hopewell. Exempts from a referendum requirement bonds issued for the construction, improvement, expansion, or replacement of public buildings or facilities.

A BILL to amend and reenact § 2 of Chapter XVIII of Chapter 431 of the Acts of Assembly of 1950, which provided a charter for the City of Hopewell, relating to the issuance of bonds.

20104502D

S.B. 1000 Industrial development authorities; appropriations.

Patron: Chase

Industrial development authorities; appropriations. Requires a local governing body, prior to making any appropriation for funds to an industrial development authority, to hold a public hearing with opportunity for public comment on the proposed appropriation.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-4905.1, relating to industrial development authorities; appropriations.

20104923D

S.B. 1036 Blackstone, Town of; amending charter, advisory referendums.

Patron: Ruff

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.

20104757D

S.B. 1084 Abingdon, Town of; amending charter, updates town's boundary descriptions.

Patron: Pillion

Charter; Town of Abingdon. Updates the town's boundary description, repeals outdated provisions, and makes various technical amendments to charter terminology.

A BILL to amend and reenact §§ 1.3, 3.1, 3.4, 3.7, 4.1, 4.2, 4.5, 4.9, and 4.12 of Chapter 76 of the Acts of Assembly of 1978, which provided a charter for the Town of Abingdon in Washington County, and to repeal §§ 4.6 and 4.7 of Chapter 76 of the Acts of Assembly of 1978, relating to town boundaries, council, mayor, town manager, and salaries.

20103963D

S.B. 1092 Performance guarantees, certain; provisions for periodic partial and final release.

Patron: Surovell

Provisions for periodic partial and final release of certain performance guarantees.

A BILL to amend and reenact § 15.2-2245 of the Code of Virginia, relating to provisions for periodic partial and final release of certain performance guarantees.

20106012D