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2024 SESSION

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Senate Committee on Local Government

Chair: Jeremy S. McPike

Clerk: Gillian Conway,A. Chapman
Staff: Jeff Sharp
Date of Meeting: January 29, 2024
Time and Place: 10:00 a.m. Senate Room B, General Assembly Building
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 17 Motor sports facilities; designating as historic landmarks and enterprise zones.

Patron: Stanley

Motor sports facilities; historic landmark designation; enterprise zone. Designates all motor sports facilities, as defined in relevant law, in the Commonwealth as Virginia Historic Landmarks and as enterprise zones.

A BILL to amend the Code of Virginia by adding sections numbered 10.1-2206.3 and 59.1-542.1, relating to motor sports facilities; historic landmark designation; enterprise zone.

24100495D

S.B. 121 Trees; conservation during land development process in certain localities.

Patron: Subramanyam

Conservation of trees during land development process in certain localities. Expands authority of certain localities to adopt an ordinance providing for the planting and replacement of trees during the development process by allowing a tree canopy fund that currently applies to the planting of trees on public property to include maintenance of trees on public property and planting and maintenance of trees on private property. The bill removes a provision that requires that any funds collected for the purposes of the tree canopy fund be returned to the original contributor if not spent within five years but maintains the requirement that such finds be spent within five years. The bill also includes an expansion of the canopy credit and a provision that will require a local tree conservation ordinance to meet the standards set out in the statute.

A BILL to amend and reenact § 15.2-961.1 of the Code of Virginia, relating to conservation of trees during land development process in certain localities.

24102995D

S.B. 288 Data centers; noise abatement.

Patron: Roem

Data centers; noise abatement. Provides that any local government land use application required for the siting of a data center shall be approved only in accordance with certain notice and noise abatement requirements. The bill provides that residents within a half-mile radius of the parcel shall receive notice of the proposed data center and that the data center operator shall hold two neighborhood meetings. The bill requires a data center operator to design and build the data center to incorporate sound mitigation methods sufficient to prevent the sound levels emanating from the data center from exceeding the ambient noise levels that were observed in a baseline study, as determined by a third-party acoustic engineer. The bill also provides that upon issuance of a certificate of occupancy, and for five years thereafter, the data center operator shall conduct a noise study performed by a third-party acoustical engineer to document noise levels emanating from the data center measured at the property line of the nearest property to the data center property that is planned or zoned for residential land uses, or other noise sensitive use as reasonably determined by the locality, during peak operation of the data center mechanical equipment. The bill also provides that if the data center operator intends to use backup power generators on the parcel, the operator shall maintain a public website announcing the times when the generators will be in operation.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 22 of Title 15.2 a section numbered 15.2-2209.4, relating to data centers; noise abatement.

24102008D

S.B. 371 Planning districts; King George County.

Patron: Stuart

Planning districts; King George County. Moves King George County from Planning District 16 (George Washington Regional Commission) to Planning District 17 (Northern Neck Planning District Commission). The bill requires the Department of Housing and Community Development to assist with this transition.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-4221.1, relating to planning district commission boundaries; King George County.

24100188D

S.B. 413 Local planning and zoning matters; public notice.

Patron: Head

Public notice of local planning and zoning matters. Expands from 14 days to 45 days the length of time prior to a meeting to adopt certain planning and zoning matters that the first notice of a meeting may be published.

A BILL to amend and reenact § 15.2-2204 of the Code of Virginia, relating to public notice of local planning and zoning matters.

24104953D

S.B. 430 Residential development in certain areas; affordable housing.

Patron: VanValkenburg

Residential development in certain areas; affordable housing. Provides that any type of residential use that is permitted in a locality shall be considered a conforming residential use on any parcel other than parcels zoned for (i) agriculture, (ii) conservation, or (iii) a different residential use. The bill states that no local ordinance shall require that a special exception, special use, or conditional use permit be obtained for a conforming residential use and that rights under existing zoning shall be considered vested pursuant to existing vesting provisions. The bill further provides that any residential development pursuant to the authority granted in the bill shall dedicate a minimum of 10 percent of the total number of housing units to housing affordable to households making at or below 120 percent of the area median income.

A BILL to amend and reenact § 15.2-2288.1 of the Code of Virginia, relating to residential development in certain areas; affordable housing.

24104605D

S.B. 612 Local law enforcement; reduction of budget prohibited, exception.

Patron: McGuire

Reduction of local law enforcement budget prohibited; exception. Provides that no local governing body shall approve a budget that will reduce the total funds appropriated for local law-enforcement purposes from the preceding fiscal year except by unanimous vote of all members elected to the governing body.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2505.1, relating to reduction of local law enforcement budget.

24103634D

S.B. 641 Boiler and pressure vessel operators; certification by localities.

Patron: Craig

Certification of boiler and pressure vessel operators by localities. Repeals an existing statute that allows localities by ordinance to require certification of boiler and pressure vessel operators.

A BILL to repeal § 15.2-910 of the Code of Virginia, relating to certification of boiler and pressure vessel operators by localities.

24102779D

S.B. 645 Local fiscal distress; determination by Auditor of Public Accounts, state intervention.

Patron: Aird


Local fiscal distress; determination by Auditor of Public Accounts; state intervention. Sets out a procedure for determining when localities are in fiscal distress, as defined in the bill, and when state intervention may be necessary. The bill requires the Auditor of Public Accounts to develop criteria for a preliminary determination that a locality may be in fiscal distress. The bill also requires the Director of the Department of Planning and Budget to identify any amounts remaining unexpended from general fund appropriations in the state budget as of June 30 of each year, which constitute state aid to local governments. From such unexpended balances, the Governor may reappropriate up to $750,000 from amounts that would otherwise revert to the balance of the general fund and transfer such amounts as necessary to establish a component of fund balance that may be used for the purpose of providing technical assistance and intervention actions for localities deemed to be fiscally distressed and in need of intervention to address such distress. The bill provides that if a report to the Governor concludes that a locality is either unwilling or unable to comply with the conditions necessary to address its fiscal distress, the Governor shall use all powers available to him to intervene for the purpose of addressing such fiscal distress. The bill further grants authority to the Governor to appoint an emergency fiscal manager and grant the manager with all powers available and necessary to implement a plan to restore sustainable fiscal health to the locality. The emergency fiscal officer shall give timely notice of any proposed actions to be taken and an opportunity for public input prior to such action and shall establish benchmarks that will allow a locality to exit the state intervention plan upon meeting such benchmarks.

 

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2512.1, relating to local fiscal distress; state intervention.

24104569D

S.B. 656 Terrorism hoax incident, etc.; reimbursement of expenses incurred to localities.

Patron: Favola

Reimbursement of expenses incurred in responding to terrorism hoax incident, bomb threat, malicious activation of fire alarm, or false emergency communication to emergency personnel. Allows a locality that has an ordinance requiring any person over 18 years of age convicted of false emergency communication to emergency personnel to reimburse such locality at the time of sentencing or in a separate civil action to bill a flat fee of $2,500 or a minute-by-minute accounting of actual costs incurred. The bill also allows a locality that has an ordinance requiring any person under 18 years of age convicted of false emergency communication to emergency personnel to reimburse such locality at the time of sentencing or in a separate civil action to bill a flat fee of $2,500 or a minute-by-minute accounting of actual costs incurred, not to exceed $2,500. Current law allows a flat fee of $250 or a minute-by-minute accounting of actual costs incurred, in an amount not to exceed $2,500.

A BILL to amend and reenact § 15.2-1716.1 of the Code of Virginia, relating to reimbursement of expenses incurred in responding to terrorism hoax incident, bomb threat, malicious activation of fire alarm, or false emergency communication to emergency personnel.

24104257D

S.B. 669 Local economic development; commitments.

Patron: Stuart

Local economic development commitments. Provides that any economic development commitments that are affirmatively stated in a public meeting shall be binding, reflected in any agreement with the locality, and enforceable through a judicial relief action.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-941.2, relating to local economic development commitments.

24101592D

S.B. 679 Enterprise zones; extension.

Patron: Head

Enterprise zones; extension. Provides that any enterprise zone in existence as of June 30, 2024, shall be extended for a period of four years in addition to any renewal periods currently authorized by law.

A BILL to amend and reenact § 59.1-542 of the Code of Virginia, relating to enterprise zones; extension.

24104092D

S.B. 715 Zoning; local review of decisions.

Patron: Sturtevant

Local review of zoning decisions. Clarifies that a locality may schedule regular reviews of previous zoning decisions in order to determine whether provisions of the zoning ordinance (i) continue to meet the general purpose of promoting the health, safety, or general welfare of the public and (ii) are compatible with changes in land use patterns.

A BILL to amend and reenact § 15.2-2283 of the Code of Virginia, relating to local review of zoning decisions.

24104184D

S.B. 721 Local government actions related to comprehensive plans, etc.; approval process.

Patron: Mulchi

Local government actions related to comprehensive plans, local planning commissions, subdivision plats and site plans, and zoning ordinances; approval process. Makes several changes to local government land use approval processes, including (i) prohibiting use of the comprehensive plan as the basis, in whole or in part, for the disapproval of a site plan that is otherwise in conformity with duly adopted standards, ordinances, and statutes and (ii) allowing automatic approval of certain land use applications rather than a right to petition the circuit court, as provided under current law, if a locality does not approve or disapprove the application within the required timeframe. The bill also reduces from 12 months to four months the time within which a locality must initially act upon certain proposed zoning ordinance amendments and requires a locality to act on all such proposed amendments to the zoning ordinance or map that it has previously disapproved within 45 days after an amended proposal has been resubmitted for approval.

A BILL to amend and reenact §§ 15.2-2232, 15.2-2258, 15.2-2259, 15.2-2260, and 15.2-2286 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 15.2-2259.1 and 15.2-2260.1, relating to comprehensive plans, local planning commissions, subdivision plats and site plans, and zoning ordinances; approval process.

24103107D

S.B. 722 Enterprise zones; renewal periods.

Patron: Mulchi

Enterprise zones; renewal periods. Authorizes the Governor, upon the recommendation of the Director of the Department of Housing and Community Development, to renew enterprise zones for up to four five-year renewal periods for zones designated on or after July 1, 2005, and for up to two five-year renewal periods for zones designated before July 1, 2005. Under current law, zones designated on or after July 1, 2005, may be renewed for up to three such periods and zones designated before July 1, 2005, may be renew for up to one such period.

A BILL to amend and reenact § 59.1-542 of the Code of Virginia, relating to enterprise zones; renewal periods.

24105261D

S.B. 727 Russell County Industrial Development Authority; appointments.

Patron: Pillion

Russell County Industrial Development Authority; appointments. Clarifies that the board of supervisors of Russell County may appoint nine members to its industrial development authority, which shall consist of two members from the governing body of a town that has used its borrowing capacity to borrow $2 million or more for industrial development and such other members as the board of supervisors shall agree upon. Under current law, two of the members must come from a town that has used its borrowing capacity to borrow $2 million or more for industrial development.

A BILL to amend and reenact § 15.2-4904 of the Code of Virginia, relating to Russell County Industrial Development Authority; appointments.

24105104D

S.B. 729 Virginia Climate Innovation Authority; established; created, report.

Patron: Surovell

Virginia Climate Innovation Authority; established; report. Creates the Virginia Climate Innovation Authority to finance clean energy projects, greenhouse gas emissions reduction projects, and other qualified projects through the strategic deployment of public funds in the form of grants, loans, credit enhancements, and other financing mechanisms. The Authority is governed by a 12-member Board, consisting of one member of the House of Delegates, one member of the Senate, five nonlegislative citizen members to be appointed by the Governor, the Secretary of Commerce and Trade, the Secretary of Finance, the Secretary of Transportation, the Secretary of Labor, and the Director of the Department of Energy. The bill contains provisions for (i) the appointment of a president and the hiring of staff, (ii) the powers and duties of the Authority, (iii) lending practices, (iv) a strategic plan, (v) an investment strategy, (vi) public outreach requirements, (vii) audits, (viii) exemptions from taxes and from personnel and procurement procedures, and (ix) reporting requirements.

A BILL to amend the Code of Virginia by adding in Chapter 22 of Title 2.2 an article numbered 13, consisting of sections numbered 2.2-2378 through 2.2-2390, relating to Virginia Climate Innovation Authority; established; report.

24104393D