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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: February 5, 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. 304

Patron: Salim

Zoning; development and use of accessory dwelling units. Requires a locality to include in its zoning ordinances for residential zoning districts accessory dwelling units, or ADUs, as defined in the bill, as a permitted accessory use. The bill requires a person to seek a permit for an ADU from the locality, requires the locality to issue such permit if the person meets certain requirements enumerated in the bill, and restricts the fee for such permit to $100 or less. The bill prohibits the locality from requiring (i) dedicated parking for the ADU; (ii) lot sizes or setbacks for the ADU greater than that of the primary dwelling; (iii) consanguinity or affinity between the occupants of the ADU and the primary dwelling; (iv) owner occupancy of the ADU or the primary dwelling; and (v) redundant water, sewer, or septic capacity for the ADU. The bill has a delayed effective date of January 1, 2025.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2292.2, relating to zoning; development and use of accessory dwelling units.

24100831D

S.B. 305

Patron: Salim

Local prohibition or regulation of gas-powered leaf blowers; civil penalty. Provides that any locality may by ordinance prohibit or regulate the use of gas-powered leaf blowers. The bill provides that the ordinance may include provisions for a civil penalty and that the funds from such civil penalties may be used by the locality to assist with the purchase of nonprohibited leaf blowers by residents and local businesses.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-918.1, relating to local prohibition or regulation of gas-powered leaf blowers; civil penalty.

24102210D

S.B. 329

Patron: Surovell


Compost and other products containing organic soil amendments infrastructure; civil penalty. Requires the Department of General Services, whenever purchasing compost or other products containing organic soil amendments for use by state agencies, to use competitive sealed bidding and to award the contract to the lowest responsive and responsible bidder offering compost produced in Virginia unless the bid price is more than four percent greater than the bid price of the lowest responsive and responsible bidder offering such products produced elsewhere. The bill allows the governing body of a locality to give preference to compost or other products containing organic soil amendments produced within such locality in the case of a tie bid. The bill also provides that any locality may by ordinance require that certain generators, as defined in the bill, of large quantities of organic waste separate the organic waste from other solid waste and ensure that the organic waste is diverted from final disposal in a refuse disposal system. The ordinance may require that generators divert organic waste from final disposal in a refuse disposal system by any of a variety of specified waste diversion activities. The ordinance may also establish civil penalties for violations of the ordinance, but a locality shall first issue a warning to a generator that violates the ordinance. Finally, the bill expresses that it is the intent of the General Assembly that new public school buildings and facilities and improvements and renovations to existing public school buildings and facilities include waste disposal infrastructure, as defined in the bill.

A BILL to amend the Code of Virginia by adding sections numbered 2.2-4328.3 and 15.2-937.1 and by adding in Article 3 of Chapter 9 of Title 22.1 a section numbered 22.1-141.3, relating to compost and other products containing organic soil amendments infrastructure; civil penalty.

24104350D

S.B. 409

Patron: Boysko

Energy efficiency and climate standards; more stringent energy efficiency and climate requirements. Allows a locality by ordinance to adopt and require compliance with stretch codes, as defined in the bill, for the construction or rehabilitation of buildings within the locality that are in addition to or more stringent than those in the Uniform Statewide Building Code, and use them as an alternative means of compliance with a locality's building requirements. The bill requires periodic review of the codes and allows the locality to make amendments.

A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 9 of Title 15.2 a section numbered 15.2-987, relating to energy efficiency and climate standards; more stringent energy efficiency and climate requirements.

24103185D

S.B. 544

Patron: Bagby

Short-term rental property; locality's ability to prohibit use of accessory dwelling unit. Prohibits a locality from barring the use of or requiring that a special exception, special use, or conditional use permit be obtained for the use of an accessory dwelling unit for a short-term rental in an area zoned for residential use where the primary dwelling unit on the site is occupied by the property owner.

A BILL to amend and reenact § 15.2-983 of the Code of Virginia, relating to short-term rental property; locality's ability to prohibit use of accessory dwelling unit.

24104353D

S.B. 549

Patron: Perry

Travel expenses; local officials. Provides that any travel expense of a local official, as defined in the bill, to be paid from public funds, as defined in the bill, that is anticipated to exceed $2,500 shall be subject to approval in advance by a vote of the local governing body in an open meeting. The bill specifies that if the final travel expense exceeds the previously approved amount, such expense shall be reported to the governing body and noted in the meeting agenda or meeting minutes within 60 days of the determination. The bill requires a local official to repay to the locality any travel expense that the governing body determines such local official misappropriated within 10 days and to furnish a copy of any receipts for such expense at the next public meeting. The bill allows a locality to adopt more stringent standards for local officials' travel expenses.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-1406.1, relating to travel expenses of local officials.

24101797D

S.B. 597

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. This bill has a delayed effective date of July 1, 2025.

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

24103099D

S.B. 645

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. 697

Patron: VanValkenburg

Solar and energy facilities; local regulation. Requires that any ground-mounted solar or energy storage facility, including any solar facility that is designed to serve, or serves, the electricity or thermal needs of any property other than the property where such facility is located, be permitted as a special exception as allowed by current law for solar photovoltaic projects, provided that such installation is in compliance with any provisions in a local ordinance that establish reasonable criteria and requirements, as defined in the bill, for siting.

A BILL to amend and reenact § 15.2-2288.7 of the Code of Virginia, relating to solar and energy facilities; local regulation.

24104547D

S.B. 715

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