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2023 SESSION

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Senate Committee on Local Government

Chair: Lynwood W. Lewis, Jr.

Clerk: Gillian Conway, Basit Khan
Staff: Jeff Sharp, Anissa Cottrell
Date of Meeting: January 23, 2023
Time and Place: 9:00 a.m. Senate Room 3, Capitol Ext.
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 822

Patron: Locke

Charter; City of Newport News; certain advertising requirements. Alters certain advertising requirements related to the disposal of real property of the city's waterworks system by reducing the requirement from four to two weeks, thereby conforming to other city advertising requirements.

A BILL to amend and reenact § 17.05 of Chapter 576 of the Acts of Assembly of 1978, which provided a charter for the City of Newport News, relating to certain advertising requirements; city waterworks.

23101116D

S.B. 829

Patron: Locke

Charter; City of Newport News; real estate assessment. Requires persons who are aggrieved by any assessment made by the City of Newport News real estate assessor to apply for relief with the board of review as a prerequisite to filing for relief in circuit court. The bill also updates references to the Code of Virginia.

A BILL to amend and reenact §§ 12.03, 12.04, and 12.05 of Chapter 576 of the Acts of Assembly of 1978, which provided a charter for the City of Newport News, relating to real estate assessment.

23101115D

S.B. 874

Patron: McDougle

Charter; Town of Kilmarnock. Updates the charter of the Town of Kilmarnock in Lancaster County to reflect the shift to November municipal elections as required by general law and removes a reference to the mayor for purposes of calculating a quorum. The bill also provides that no ordinance or resolution shall be passed appropriating money exceeding the sum of $500, rather than the $100 limit as specified in the current charter, except by the recorded affirmative vote of a majority of all members elected to the council.

A BILL to amend and reenact § 3, as amended, § 20, §§ 22 and 23, as amended, of Chapter 8 of the Acts of Assembly of 1952 Extra Session, which provided a charter for the Town of Kilmarnock in Lancaster County, relating to town council elections; mayor; quorum.

23101828D

S.B. 961

Patron: Peake

Charter; Town of Farmville. Establishes a new charter for the Town of Farmville in Prince Edward County and repeals the current charter, which was created in 1956. The proposed charter sets out the organization of the town's government and contains powers typically granted to towns.

A BILL to provide a new charter for the Town of Farmville in Prince Edward County and to repeal Chapter 315 of the Acts of Assembly of 1956, as amended, which provided a charter for the Town of Farmville.

23100945D

S.B. 1014

Patron: Bell

Restrictive covenants; prohibited; use of Loudoun County recreational property. Invalidates any restrictive covenant that prohibits the public from using property acquired by Loudoun County for recreational purposes.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-1800.4, relating to restrictive covenants; prohibited; use of Loudoun County recreational property.

23102552D

S.B. 1021

Patron: Edwards

Charter; City of Roanoke; municipal elections. Makes various changes related to the City of Roanoke's shift to November municipal elections.

A BILL to amend and reenact §§ 4, 10, and 16, as severally amended, of Chapter 216 of the Acts of Assembly of 1952, which provided a charter for the City of Roanoke, relating to municipal elections.

23102501D

S.B. 1078

Patron: Petersen

Siting of data centers; impacts on resources; site assessment. Provides that any local government land use application required for the siting of a data center shall only be approved in areas where the data center (i) will have a minimal impact on historic, agricultural, and cultural resources and (ii) will not be within one mile of a national park or state park or other historically significant site. The bill also requires that prior to any such approval, a site assessment shall be performed to examine the effect of the data center on water usage and carbon emissions as well as any impacts on agricultural resources.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 22 of Title 15.2 a section numbered 15.2-2209.3, relating to siting of data centers; impacts on resources; site assessment.

23100718D

S.B. 1151

Patron: Edwards

Local government; standardization of public notice requirements for certain intended actions and hearings; report. Standardizes the frequency and length of time that notices of certain meetings, hearings, and other intended actions of localities must be published in newspapers and other print media. The notice provisions included in the bill are organized into the following three groups: (i) publication required one week before the meeting, hearing, or intended action; (ii) publication required two consecutive weeks before the meeting, hearing, or intended action; and (iii) publication required three consecutive weeks before the meeting, hearing, or intended action. In addition, the bill amends provisions related to the content of notices for zoning ordinances and amendments to such ordinances by removing the requirement that such notices contain a descriptive summary of the proposed action and providing that such notices shall include the street address or tax map parcel number of the parcels subject to the action. In cases where the intended action affects more than 25 parcels, the notice must also include the approximate acreage subject to the intended action. The bill also removes the requirement that notices of proposed amendments to a zoning map state the general usage and density range of the proposed amendment and the general usage density set forth in the applicable part of the comprehensive plan. The bill directs the Virginia Code Commission to convene a work group to continue review of the notice requirements throughout the Code of Virginia and requires the Virginia Code Commission to submit a report to the Chairmen of the House Committee on General Laws and the Senate Committee on General Laws and Technology summarizing the work and any recommendations of the work group by November 30, 2023.

 

A BILL to amend and reenact §§ 15.2-202, 15.2-619, 15.2-716, 15.2-749, 15.2-958.3, 15.2-958.6, 15.2-1236, 15.2-1301, 15.2-1427, 15.2-1702, 15.2-1703, 15.2-2108.7, 15.2-2204, 15.2-2285, 15.2-2400, 15.2-2401, 15.2-2606, 15.2-2653, 15.2-3401, 15.2-3600, 15.2-4309, 15.2-4906, 15.2-5104, 15.2-5136, 15.2-5156, 15.2-5431.25, 15.2-5602, 15.2-5702, 15.2-5711, 15.2-5806, 15.2-7502, 21-114, 21-117.1, 21-118, 21-146, 21-229, 21-377, 21-393, 21-420, 22.1-29.1, 22.1-37, 22.1-79, 22.1-92, 28.2-1302, 33.2-331, 33.2-723, 33.2-909, 33.2-2001, 33.2-2101, 33.2-2103, 33.2-2701, 36-23, 36-44, 58.1-3108, 58.1-3245.2, 58.1-3245.8, 58.1-3256, 58.1-3321, 58.1-3378, 58.1-3651, 58.1-3975, 62.1-44.15:33, as it is currently effective and as it shall become effective, and 62.1-44.15:65, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to local government; standardization of public notice requirements for certain intended actions and hearings; report.

23100325D

S.B. 1158

Patron: Marsden

Regulation of garbage and refuse pickup and disposal services; exclusive service areas; Planning District 8. Grants localities in Planning District 8 (Northern Virginia) authority to establish exclusive service areas and award such service areas to businesses that as of July 1, 2024, are legally engaged in the pickup and disposal of garbage, trash, or refuse, wherein service will be provided to the residents of the locality. For each such business, the locality may establish a separate service area with a customer base that approximates the number of residential customers served by the business in the locality on July 1, 2023. The ordinance shall establish procedures for removing or adding businesses and adjusting the boundaries of such service areas as needed. Property owners' associations may continue to contract with properly licensed businesses of their choice notwithstanding the establishment of exclusive service areas. The bill contains a reenactment clause.

A BILL to amend and reenact § 15.2-930 of the Code of Virginia, relating to regulation of garbage and refuse pickup and disposal services; exclusive service areas; Planning District 8.

23103885D

S.B. 1312

Patron: Boysko

Requirement for electric vehicle charging stations for certain developments. Provides that any locality may by ordinance require electric vehicle charging stations as part of subdivision or site plan approval for a development containing commercial, industrial, or multifamily residential uses with a density of seven residential dwelling units per acre or greater.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2295.3, relating to electric vehicle charging stations.

23104300D

S.B. 1322

Patrons: McClellan, Hashmi

Comprehensive plan; healthy communities strategy. Authorizes cities with populations greater than 20,000 and counties with populations greater than 100,000, beginning July 1, 2023, to consider, at the next and all subsequent reviews of the comprehensive plan, adopting a healthy communities strategy. The bill provides that the locality's strategy may include identifying neighborhoods with major sources of pollution or hazardous waste and identifying objectives and policies to reduce health risks in such neighborhoods, to promote civic engagement by residents of such neighborhoods, and to prioritize improvements and programs that address the needs of such neighborhoods.


 

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2223.6, relating to comprehensive plan; healthy communities strategy.

23102344D

S.B. 1390

Patron: Lewis

Extension of land use approvals for solar photovoltaic projects. Extends to July 1, 2026, the sunset date for various local land use approvals for solar photovoltaic projects that were valid and outstanding as of July 1, 2023.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2209.1:2, relating to extension of land use approvals for solar photovoltaic projects.

23103968D

S.B. 1391

Patron: Lewis

Short-term rental property; locality's ability to restrict property managed by a Virginia realtor. Provides that a locality may not restrict by ordinance any short-term rental property managed by a Virginia realtor, defined in the bill. The bill provides that a locality may not enforce an ordinance against such property where the ordinance (i) prohibits short-term rentals; (ii) limits occupancy in a short-term rental property to less than what is allowed under the building code or local zoning regulations; (iii) limits the number of days in a calendar year for which a short-term rental property can be rented; (iv) requires an owner to occupy the short-term rental property as his primary residence for any number of days in a calendar year; (v) requires any type of remote monitoring device to be installed on the short-term rental property, including decibel, audio, or video; (vi) requires exterior or interior inspections of the short-term rental property pertaining to any items defined under the building code more frequently than every five years, unless a complaint has been filed with the locality or building authority; (vii) requires repairs, renovations, or updates to the structure of the short-term rental property that are greater than those required under the applicable building code; or (viii) requires an owner to add additional or otherwise alter existing parking spaces for the short-term rental property. The provisions of the bill shall apply to any short-term rental property managed by a realtor and operating as such on or after January 1, 2023.

A BILL to amend and reenact § 15.2-983 of the Code of Virginia, relating to short-term rental property; locality's ability to restrict property managed by a Virginia realtor.

23104169D

S.B. 1455

Patron: Norment

Civil disturbance; local curfew; penalty. Enables the chief law-enforcement officer of a locality to enact a curfew under certain circumstances during a civil disturbance. The bill requires that such action specify the hours of the curfew and the geographic area to which the curfew applies and provide for various specified exceptions. The action authorizing the curfew shall provide for reasonable efforts to inform the public in advance of the curfew, which shall be valid for no more than 24 hours. The bill provides that such curfew shall not be extended or renewed unless by recorded vote of the local governing body or by judicial order. The bill provides that any violation is a Class 1 misdemeanor.

A BILL to amend and reenact § 15.2-925 of the Code of Virginia, relating to civil disturbance; local curfew; penalty.

23104166D

S.B. 1467

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. Under current law, the criteria apply to tree canopy 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.

23104294D