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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 26, 2024
Time and Place: 9:30 a.m. Senate Room B, General Assembly Building
Updated to Reflect Time Change from 10:00 AM to 9:30 AM

H.B. 59

Patron: Wright

Virginia Regional Industrial Facilities Act; Planning Districts 13 and 14. Adds Planning Districts 13 (Southside) and 14 (Commonwealth Regional Council) to the list of areas where localities may create a regional industrial facility authority that contains a town and only one city or county rather than at least two cities or counties. The bill also includes a technical change.

A BILL to amend and reenact § 15.2-6402 of the Code of Virginia, relating to Virginia Regional Industrial Facilities Act; Planning Districts 13 and 14.

24100402D

H.B. 61

Patron: Wright

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.

24100659D

H.B. 91

Patron: Wachsmann

Charter; Town of Smithfield. Amends the charter for the Town of Smithfield in Isle of Wight County to reflect the town's shift from May to November municipal elections. The bill also updates or repeals outdated provisions of the town's charter.

A BILL to amend and reenact § 27, as amended, § 28, and §§ 29, 30, and 37, as severally amended, of Chapter 548 of the Acts of Assembly of 1952, which provided a charter for the Town of Smithfield in Isle of Wight County, and to repeal § 43 of Chapter 548 of the Acts of Assembly of 1952, relating to town council elections; town officers.

24101137D

H.B. 227

Patron: Cherry

Charter; City of Colonial Heights. Amends the charter of the City of Colonial Heights by updating language related to the duties of the City Manager and City Attorney, including elimination of the City Attorney's duties to the school board and school superintendent. The bill also includes the update or repeal of various outdated provisions related to appropriations, purchasing, and capital improvements.

A BILL to amend and reenact §§ 5.5, 6.19, as amended, 8.12, 10.1, 10.2, 10.3, as amended, and 12.7 of Chapter 213 of the Acts of Assembly of 1960, which provided a charter for the City of Colonial Heights, and to repeal §§ 10.4, 10.5, as amended, 10.6, as amended, and 12.8 of Chapter 213 of the Acts of Assembly of 1960, relating to city manager; city attorney; purchasing; capital improvements.

24100565D

H.B. 376

Patron: Gilbert

Charter; Town of New Market. Establishes a new charter for the Town of New Market in Shenandoah County and repeals the current charter, which was created in 1972. 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 New Market in Shenandoah County and to repeal Chapter 264 of the Acts of Assembly of 1972, as amended, which provided a charter for the Town of New Market.

24101625D

H.B. 405

Patron: McClure

Commission on Electric Utility Regulation; evaluation of infrastructure necessary for electric vehicle charging facilities. Directs the Commission on Electric Utility Regulation (the Commission) to evaluate the design and deployment of the electrical distribution infrastructure necessary to support the installation of electric vehicle charging facilities in new developments consisting of single-family and multifamily residential units. The bill requires the Commission to engage representatives from the residential and commercial development industries, private sector utility consultants, and other stakeholders.

A BILL to direct the Commission on Electric Utility Regulation to evaluate the design and deployment of the electrical distribution infrastructure necessary to support the installation of electric vehicle charging facilities in certain residential developments.

24107557D

H.B. 416

Patron: Convirs-Fowler

Charter; City of Virginia Beach. Amends the charter for the City of Virginia Beach to reflect the City's transition to a city council consisting solely of single-member districts and the mayor. This bill incorporates HB 410.

A BILL to amend and reenact § 3.01, as amended, § 3.01:1, and §§ 3.02:1 and 3.02:2, as amended, of Chapter 147 of the Acts of Assembly of 1962, which provided a charter for the City of Virginia Beach, and to repeal § 3.02:3 of Chapters 127 and 762 of the Acts of Assembly of 2020, relating to city council; voting districts.

24105775D

H.B. 456

Patron: Callsen

City council salaries. Removes the statutory salary caps for members of city councils.

A BILL to amend and reenact §§ 15.2-1414.5 and 15.2-1414.6 of the Code of Virginia, relating to city council salaries.

24102911D

H.B. 529

Patron: Hope

Conservation and replacement of trees during development process. Expands certain existing local government authority to conserve or replace trees during the development process by expanding such authority statewide. The bill allows localities to establish higher tree canopy replacement percentages based on density per acre. The bill also alters the current process for granting exceptions to a local ordinance by altering a provision that requires the granting of an exception when strict application of the ordinance would result in unnecessary or unreasonable hardship to the developer and replacing it with a requirement that the locality concur with such determination. The bill permits localities to monitor and assess the condition and coverage of tree canopies at development sites during the time period up to 20 years' maturity of the planted trees. The bill makes numerous technical amendments.

A BILL to amend and reenact § 15.2-961 of the Code of Virginia, relating to conservation and replacement of trees during development process.

24106192D

H.B. 650

Patron: Coyner

Zoning; residential and electrical generation projects; period of validity. Provides that the conditions of a special exception or special use permit may include a period of validity; however, in the case of a special exception or special use permit for residential and electrical generation projects, the period of validity shall be no fewer than three years. The bill provides that for so long as a special exception, special use permit, or conditional use permit remains valid, no change or amendment to any local ordinance, map, resolution, rule, regulation, policy, or plan adopted subsequent to the date of approval of the special exception, special use permit, or conditional use permit shall adversely affect the right of the developer or his successor in interest to commence and complete an approved development in accordance with the lawful terms of the special exception, special use permit, or conditional use permit unless the change or amendment is required to comply with state law or there has been a mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare.

A BILL to amend and reenact §§ 15.2-2209.1:2 and 15.2-2286 of the Code of Virginia, relating to zoning; solar photovoltaic and energy storage projects; period of validity for certain projects.

24106089D

H.B. 682

Patron: O'Quinn

Charter; City of Bristol. Amends the City of Bristol's charter to provide for five voting precincts rather than four. The bill also replaces references to the personnel department with "human resources department" and makes changes related to the assignment of powers and duties.

A BILL to amend and reenact §§ 3.01, 7.03, as amended, and 7.05, as amended, of Chapter 542 of the Acts of Assembly of 1990, which provided a charter for the City of Bristol, relating to voting precincts; human resources department; fire department.

24101453D

H.B. 725

Patron: Webert

Counties, cities and towns; powers of local government; conveyance of real property; public hearing requirement. Adds to the list of exemptions from the requirement imposed upon localities to hold a public hearing prior to the disposition of real property owned by such locality the conveyance of any utility easement necessary to provide utilities to residential properties adjacent to property owned by the locality. Current law only excludes from such public hearing requirement (i) the leasing of real property to another public body, political subdivision, or authority and (ii) the conveyance of site development or utility easements related to transportation projects across public property.

A BILL to amend and reenact § 15.2-1800 of the Code of Virginia, relating to counties, cities and towns; powers of local government; conveyance of real property; public hearing requirement.

24104944D

H.B. 755

Patron: Walker

Civil penalties for certain local property violations; industrial and commercial areas. Allows localities by ordinance to charge enhanced civil penalties for certain local property violations on property that is zoned or utilized for industrial or commercial purposes.

A BILL to amend and reenact § 15.2-901 of the Code of Virginia, relating to civil penalties for certain local property violations; industrial and commercial areas.

24102129D

H.B. 914

Patron: Shin

Local historic districts; tax incentives. Allows a locality that establishes a local historic district to provide tax incentives for the conservation and renovation of historic structures in such district. The bill provides that such incentives may include tax rebates to the extent allowed by the Constitution of Virginia.

A BILL to amend and reenact § 15.2-2306 of the Code of Virginia, relating to local historic districts; tax incentives.

24106171D

H.B. 951

Patron: Lopez

Building service employees; public contracting. Permits any county, city, or town in the Commonwealth to provide for certain requirements concerning incumbent and successor service employers, defined in the bill, by local ordinance or resolution. For example, such local ordinance or resolution may require that successor service employers retain incumbent service employees during a transition period of 90 days. Under the bill, service employees are those who perform work in connection with the care or maintenance of property, services at an airport, or food preparation services at schools. The bill provides that a employer that violates the provisions of a local ordinance or resolution enacted pursuant to the bill may be subject to a civil action and monetary damages.

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 authority of local governments; service employees.

24107383D

H.B. 1028

Patron: Reaser

Affordable housing; assisted living facilities. Allows localities that have adopted an affordable housing program to require that in an application for a special exception or special use permit affordable rental units be included for any proposed development of an assisted living facility. Such ordinance shall apply to newly licensed assisted living facilities and permit applications approved on or after January 1, 2025.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2305.2, relating to affordable housing; assisted living facilities.

24106816D

H.B. 1052

Patron: Batten

Department of Health; local government; alternative and conventional onsite sewage systems. Requires localities to review the Department of Health's database prior to notifying the owners of an alternative or conventional onsite sewage system about their maintenance responsibility.

A BILL to amend and reenact § 15.2-2157 of the Code of Virginia, relating to Department of Health; local government; alternative and conventional onsite sewage systems.

24106857D

H.B. 1054

Patron: Knight

Maintenance of vegetative growth on certain property. Provides that a locality may require the owner of property that (i) was formerly used as a golf course but where such use has been discontinued, and (ii) abuts an area zoned for residential purposes to maintain the vegetative growth on the former golf course property in a manner that (a) prevents such property from becoming a detriment to the health, safety, or welfare of the residents of the abutting residential area and (b) does not change the character of the former golf course property so as to be incompatible with the surrounding residential area. The bill further provides that whenever the locality deems it necessary, after reasonable notice as determined by the locality, the locality may have its agents or employees cut or maintain the vegetative growth, in which event the cost and expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the locality as taxes are collected. An enactment clause states that the provisions of the bill are declarative of existing law.

A BILL to amend and reenact § 15.2-901 of the Code of Virginia, relating to maintenance of vegetative growth on certain property.

24100022D

H.B. 1100

Patron: Carr

Conservation of trees during land development process. Expands current provisions that provide that certain localities in Planning District 8 (Northern Virginia) may, by ordinance, require conservation of trees during the land development process by making such provisions available to localities statewide. This bill incorporates HB 170 and HB 534.

A BILL to amend and reenact § 15.2-961.1 of the Code of Virginia, relating to conservation of trees.

24106858D

H.B. 1127

Patron: Arnold

Charter; Town of Pulaski. Amends the charter for the Town of Pulaski in Pulaski County to reflect the town's shift from May to November municipal elections. The bill clarifies that the town council's membership consists of seven members, including the mayor, and provides that the mayor may vote in the council. The bill also changes the time of the election of the vice-mayor from even-numbered years to odd-numbered years at the first meeting of the council.

A BILL to amend and reenact §§ 3.04, as amended, 3.05, as amended, 3.07, and 3.14 of Chapter 47 of the Acts of Assembly of 1986, which provided a charter for the Town of Pulaski in Pulaski County, relating to council; mayor; vice-mayor; elections.

24100829D

H.B. 1138

Patron: Cordoza

Fort Monroe Authority; powers and duties. Renames the executive director of the Fort Monroe Authority as the chief executive officer of the Authority.

A BILL to amend and reenact §§ 2.2-2339, 2.2-2340, and 2.2-2345 of the Code of Virginia, relating to Fort Monroe Authority; powers and duties.

24102169D

H.B. 1139

Patron: Cordoza

Fort Monroe Authority; land and utility ownership. Removes the number of acres and the instrument number of the quitclaim deed recorded in the Clerk's Office of the Circuit Court of the City of Hampton on June 14, 2013, in reference to the area that is known as Fort Monroe and redefines such area to be what is shown in the land records of the City of Hampton as being owned by the Commonwealth, whether in the name of the Commonwealth or the Fort Monroe Authority.

A BILL to amend and reenact § 2.2-2348.1 of the Code of Virginia, relating to Fort Monroe Authority; land and utility ownership.

24105820D

H.B. 1208

Patron: Hayes

Charter; City of Portsmouth; emergency. Amends the charter for the City of Portsmouth by aligning dates for nomination of candidates and the filling of city council vacancies with state law. The bill also updates a Code of Virginia reference and contains an emergency clause.

A BILL to amend and reenact §§ 3.02 and 3.04, as severally amended, of Chapter 640 of the Acts of Assembly of 2011, which provided a charter for the City of Portsmouth, relating to city council; nomination of candidates; vacancies; emergency.

24102155D

EMERGENCY

H.B. 1211

Patron: Hayes

Tax assessment districts; petition by parcel owners. Changes the threshold for petitioning a city or town for establishment of a tax assessment district from not less than three-fourths of the landowners affected to the owners of not less than three-fourths of the parcels affected.

A BILL to amend and reenact § 15.2-2405 of the Code of Virginia, relating to establishment of tax assessment districts; petition by parcel owners.

24101006D

H.B. 1395

Patron: Hope

Historic preservation. Provides that the filing of a historic designation application shall stay a locality from issuing any permit to raze or demolish a proposed historic landmark, building, or structure until 30 days after the rendering of the final decision of the governing body of the locality. The bill also specifies that the affected property owner, the applicant, or any resident of the locality who provided public input on the locality's historic district plan may appeal to the circuit court for review of any final decision of the governing body pursuant to such application.

A BILL to amend and reenact § 15.2-2306 of the Code of Virginia, relating to historic preservation.

24104538D

H.B. 1415

Patron: McQuinn

Civil penalty for demolition of historic structures. Authorizes any locality to adopt an ordinance establishing a civil penalty for the razing, demolition, or moving of a building or structure that is located in a historic district or that has been designated by a governing body as an historic structure or landmark in violation of an ordinance that no such building or structure shall be razed, demolished, or moved without the approval of a review board. The bill provides that such civil penalty shall not exceed the market value of the property as determined by the assessed value of the property at the time of razing, demolition, or moving of the building or structure.

A BILL to amend and reenact § 15.2-2306 of the Code of Virginia, relating to civil penalty for demolition of historic structures.

24105076D

H.B. 1511

Patron: Phillips

Charter; City of Martinsville; town status; referendum. Amends the charter for the City of Martinsville to require the circuit court for the City of Martinsville, prior to notifying the Supreme Court of the City's adoption of an ordinance and petition for an order granting town status to the City, to first require an election to be held on the following question: "Shall the City of Martinsville become a town?" The bill provides that if a majority of the qualified voters of the City voting on the question are in favor of the transition from city to town status, the special court shall enter the order granting town status in accordance with the procedures, requirements, and provisions of general law.

A BILL to amend Chapter 193 of the Acts of Assembly of 1950, which provided a charter for the City of Martinsville, by adding in Chapter 13 a section numbered 8, relating to change to town status; referendum.

24105192D

H.B. 1512

Patron: Phillips

Charter; City of Martinsville. Amends the charter for the City of Martinsville by (i) allowing notice of special meetings to council members to be given by electronic mail, text message, or telephone call; (ii) providing for compensation to members of the city council to be in accordance with general law; (iii) providing for action by resolution of the city council to make appropriations or contract indebtedness; and (iv) requiring the city manager to become a resident of the City or reside within a certain distance of the City. The bill makes numerous technical changes and repeals several outdated sections.

A BILL to amend and reenact §§ 5 and 6, as severally amended, and § 8 of Chapter 2, § 1 of Chapter 3, § 1 of Chapter 5, § 1 of Chapter 6, §§ 1, 2, and 3 of Chapter 7, §§ 2 and 3, as severally amended, of Chapter 11, and § 2 of Chapter 12 of Chapter 193 of the Acts of Assembly of 1950, which provided a charter for the City of Martinsville, and to repeal § 2 of Chapter 8 and §§ 4, 5, 7, and 8 of Chapter 11 of Chapter 193 of the Acts of Assembly of 1950, relating to city council; city officers; city planning; bond issues; auditor.

24105193D