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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 30, 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. 838

Patron: Locke

Vacant buildings; registration. Permits any city and certain towns to require, by ordinance, the owner of any building that has been vacant for at least 12 months and that may endanger the public health, safety, or welfare to register such building annually. Under current law, any city and certain towns are permitted to require the owner of any building that has been vacant for at least 12 months and meets the definition of "derelict building" in relevant law to register such building annually.

A BILL to amend and reenact § 15.2-1127 of the Code of Virginia, relating to vacant buildings; registration.

23102458D

S.B. 933

Patron: Edwards

Single-use plastic carrier bags; local prohibition. Authorizes a locality to prohibit by ordinance the purchase, sale, or provision, whether free or for a cost, of any single-use plastic carrier bag that is not recyclable from grocery stores, retail stores, and convenience stores.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-938.1, relating to single-use plastic carrier bags; local prohibition.

23101371D

S.B. 949

Patron: Petersen

C-PACE loans; residential dwellings and condominiums. Removes an exclusion for residential dwellings with fewer than five dwelling units and condominium projects from certain requirements related to a voluntary special assessment lien that secures a loan for the initial acquisition and installation of clean energy, resiliency, or stormwater management improvements.

A BILL to amend and reenact § 15.2-958.3 of the Code of Virginia, relating to C-PACE loans; residential dwellings and condominiums.

23101618D

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. 1091

Patron: Ebbin

Local Stormwater Management Fund; condominiums. Expands the allowable uses of grants from a local Stormwater Management Fund, established under current law to grant funds to private property owners and common interest communities for certain stormwater management and erosion control projects, to include joint flooding mitigation projects of condominium owners.

A BILL to amend and reenact § 15.2-2114.01 of the Code of Virginia, relating to local Stormwater Management Fund; condominiums.

23100427D

S.B. 1111

Patron: Hashmi

Powers of cities and certain towns; vacant building registration fees; civil penalty. Increases the maximum annual registration fee that cities and certain towns can impose on an owner of any building that has been vacant for at least 12 months and meets the definition of "derelict building" from $100 to $500. The bill increases the civil penalty for failing to pay such fee from $200 to $500 for the first violation and $2000 for any subsequent violations and increases the civil penalty for failure to register such real property in conservation and rehabilitation districts designated by the governing body or in other areas designated as blighted from $400 to $1,000 for the first violation and $4,000 for any subsequent violations.

A BILL to amend and reenact § 15.2-1127 of the Code of Virginia, relating to powers of cities and certain towns; vacant building registration fees; civil penalty.

23104123D

S.B. 1141

Patron: McPike

Affordable housing; local zoning ordinance authority; comprehensive plan. Authorizes any locality in the Commonwealth to provide for an affordable housing dwelling unit program by amending the zoning ordinance of such locality. Current law restricts such authorization to counties with an urban county executive form of government or county manager plan of government and certain other localities.

A BILL to amend and reenact § 15.2-2304 of the Code of Virginia, relating to affordable housing; local zoning ordinance authority; comprehensive plan.

23102742D

S.B. 1163

Patron: Lewis

Community revitalization fund; Accomack County. Adds Accomack County to existing provisions that allow the City of Richmond to establish a community revitalization fund for the purpose of preventing neighborhood deterioration. The community revitalization fund shall be exclusively composed of appropriated local moneys.

A BILL to amend and reenact § 15.2-958.5 of the Code of Virginia, relating to community revitalization fund; Accomack County.

23102534D

S.B. 1185

Patron: Lewis

Annexation; extension of current moratorium. Extends by eight years, from 2024 to 2032, the current moratorium on city annexations and county immunity actions. Provisions that would trigger the early expiration of the moratorium if the General Assembly fails to appropriate certain amounts for local law-enforcement expenditures are exempted through the 2030-2032 biennium.

A BILL to amend and reenact § 15.2-3201 of the Code of Virginia, relating to annexation; extension of current moratorium.

23102349D

S.B. 1205

Patron: Lewis

Local land use approvals; extension of approvals to address the COVID-19 pandemic. Extends from July 1, 2023, to July 1, 2025, the sunset date for various local land use approvals that were valid and outstanding as of July 1, 2020. The bill also provides that its provisions shall not be construed to extend previous extensions related to the housing crisis and that any extension of approvals outstanding as of July 1, 2020, shall apply to any such approvals granted subsequent to July 1, 2020, that expire prior to July 1, 2025. This provision is declarative of existing law.

A BILL to amend and reenact § 15.2-2209.1:1 of the Code of Virginia, relating to local land use approvals; extension of approvals to address the COVID-19 pandemic.

23104290D

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. 1331

Patrons: McClellan, Hashmi

Affordable housing; local zoning ordinance authority; comprehensive plan. Authorizes any locality in the Commonwealth to provide for an affordable housing dwelling unit program by amending the zoning ordinance of such locality. Current law restricts such authorization to counties with an urban county executive form of government or county manager plan of government and certain other localities. The bill also requires the comprehensive plan of each locality to show the connection between affordable housing and other needs of its residents, such as job creation, educational opportunities, and parks and recreational activities.

A BILL to amend and reenact §§ 15.2-2223 and 15.2-2304 of the Code of Virginia, relating to affordable housing; local zoning ordinance authority; comprehensive plan.

23104081D

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. 1394

Patron: Lewis

Removal of trash and clutter from property; localities in Planning District 6. Exempts localities located in Planning District 6 from provisions that exclude agricultural land from requirements related to removal of trash and clutter when such land is one acre or less and is located in area that is used for a residential purpose.

A BILL to amend and reenact § 15.2-901 of the Code of Virginia, relating to removal of trash and clutter from property; localities in Planning District 6.

23102531D

S.B. 1495

Patron: Surovell

Local enforcement action; willful disregard for applicable law; damages. Provides that any person aggrieved by an enforcement action by a locality, where the enforcement action was based upon a willful disregard for applicable law, regulation, or ordinance, shall be entitled to an award of compensatory damages and to an order remanding the matter to the locality with a direction to terminate such enforcement and may be entitled to reasonable attorney fees and court costs.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2208.2, relating to local enforcement action; willful disregard for applicable law; damages.

23103576D

S.B. 1505

Patron: Edwards

Recycling and waste disposal; unpaid fees; lien. Authorizes a locality to recover unpaid charges, including interest, for recycling and waste disposal services. The bill provides that if such charges are combined with real estate taxes, that such action shall constitute a lien against the property identified in the billing, ranking on a parity with liens for unpaid taxes, and authorizes localities to combine billings for recycling and waste disposal charges with billings for water or sewer charges, stormwater charges, real property tax assessments, or other billings.

A BILL to amend and reenact § 15.2-928 of the Code of Virginia, relating to recycling and waste disposal; unpaid fees; lien.

23103988D

S.B. 1524

Patron: Rouse

Elections; filling vacancies in certain local offices. Eliminates the option for a circuit court to appoint persons to temporarily fill vacancies on a local governing body or elected school board in instances where the governing body fails to do so. The bill also clarifies that in instances where the circuit court is required to make such appointments due to vacancies in a majority of positions on the local governing body or elected school board, those appointed shall hold office only until the vacancies are filled by special election.

A BILL to amend and reenact § 15.2-228 of the Code of Virginia, relating to elections; filling vacancies in certain local offices.

23104514D

S.B. 1535

Patron: Pillion

Smyth-Washington Regional Industrial Facilities Authority; dissolution. Dissolves the Smyth-Washington Regional Industrial Facilities Authority upon the request of the Authority's board of directors and satisfaction of the statutory requirements for the dissolution of regional industrial facilities authorities.

A BILL to dissolve the Smyth-Washington Regional Industrial Facilities Authority.

23103797D

S.B. 1536

Patron: Pillion

Charter; City of Norton; municipal elections; boundaries; school board. Makes several changes to the charter for the City of Norton to reflect the city's shift from May to November municipal elections. Other changes update the city's boundary description and remove outdated provisions related to an appointed school board.

A BILL to amend and reenact § 1.2, § 3.4, as amended, §§ 3.7, 4.1, and 4.9, and § 5.2, as amended, of Chapter 134 of the Acts of Assembly of 1988, which provided a charter for the City of Norton, relating to municipal elections; boundaries; school board.

23104066D

S.B. 1537

Patron: Pillion

Charter; Town of Pound. Repeals the act of assembly from the 2022 Session that repeals the charter for the Town of Pound in Wise County effective November 1, 2023.

A BILL to repeal Chapter 312 of the Acts of Assembly of 2022, relating to Town of Pound in Wise County; charter.

23104095D