Local Governments Working Together Since 1905
Legislative Bulletin

January 17, 2007

Land use, transportation emerging as major issues

A growing number of delegates and senators, many responsing to complaints by constituents, are pushing for land use and transportation reforms.

The House is working on three land-use bills that have a few good points, but contain significant problems for local governments, particularly counties. The legislation is not available in printed form at this time.

One of the three bills revolves around the concept that growing counties would be required to amend their comprehensive plans to designate areas that could accommodate high density residential growth for at least two decades. The growth areas would need to be near existing roads and public infrastructure. Another element of the legislation allows counties in Northern Virginia to create urban transportation service districts. In those districts, counties would take over roads. By adopting this plan, the county could then impose impact fees on agricultural land that does not enjoy residential zoning. The impact fees, however, are so limited that they are virtually useless.

Most importantly, transfer of road maintenance to counties serves no good public policy. The land-use bills are intended to be tied to a meaningful transportation funding system. The General Assembly has been incapable of reaching a transportation funding plan agreement for two years, so a change would be significant.

Kaine bills link transportation, local zoning

Two bills have been submitted on behalf of the governor that will help localities deny rezonings when the transportation network is insufficient to handle the new residences or businesses that would come to the rezoned lands. HB 1718 (R. Marshall) and SB 1254 (Herring) are the governor's bills. SB 817 (Cuccinelli) would have the same effect.

Subcommitte reports billboard legislation

Legislation that would allow billboards to be relocated in a locality if a road is widened or land is taken under eminent domain was reported out of a transportation subcommittee.

The bill takes away a locality's ability to do away with nonconforming billboards. The bill, HB 2128 (Hugo), will be heard in the House Transportation Committee on Thursday. Please contact your delegate if they are on the committee. The committee members are: Wardrup (Chairman), May, Welch, Saxman, Carrico, Cosgrove, Gear, Oder, Rust, Hugo, E. Scott, Fralin, Iaquinto, Wittman, D. Jones, Moran, Ward, Ebbin, BaCote, Marsden, Bowling and Valentine.

There is a companion bill in the Senate, SB 1102 (Williams).

The Senate bill will likely be heard on Thursday, Jan. 18, in the Senate Transportation Committee.

Bills would affect transfer of development rights between cities and counties

SB 869 (Watkins) amends last year's transfer of development rights bill to allow a city and adjacent county to enter into an agreement for the city to take additional density in cooperation with the county.

HB 2023 (Bell) allows full banking of development rights. This bill, as well as the amended legislation introduced last year by Sen. John Watkins (R-Chesterfield), is not intended to reject the idea of banking of development rights. The parties that produced the draft and who worked on the amendments in SB 869, however, agreed to proceed cautiously with banking over the next few years.

Bill authorizes cities to create urban revitalization zones

HB 1974 (Fralin) authorizes cities to create urban revitalization zones, along the lines of a technology zone, to help revitalize urban areas. In the zone, the city may waive or modify zoning requirements and certain tax charges.

Local government issues to be considered in courts committees

Numerous local government issues will be addressed when the following bills are considered by the House Courts of Justice Committee:

HB 2918 (Bowling) increases criminal and traffic court fees to provide and maintain courthouse security.

HB 2954 (Bell) restricts definition of "public use" in condemnation cases.

HJ 708 (Hall) directs the Joint Legislative Audit and Review Commission to study the use of eminent domain and recommend changes to the law.

The following bills have been referred to the Senate Courts of Justice Committee:

SB 776 (Cuccinelli) makes changes to the Law Enforcement Officers Procedural Guarantee Act.

SB 913 (Obenshain) establishes a uniform structure for filing a notice of claim against the Commonwealth and local governments.

SB 1037 (O'Brien) prohibits the use of eminent domain for economic development.

SB 1082 (Puckett) increases criminal and traffic court fees to provide and maintain courthouse security.

SB 1096 (Obenshain) restricts definition of "public use" in condemnation cases.

SB 1296 (Norment) prohibits the use of eminent domain for economic development.

SB 1304 (Newman) restricts definition of "public use" in condemnation cases.

More Line of Duty Act bills emerge

The following Senate bills: SB1010 (Saslaw), SB1157 (Quayle), SB1158 (Quayle), SB1159 (Quayle), SB1160 (Quayle) and SB1220 (Saslaw), all relate to the Line of Duty Act and make local employees subject to it. The bills also provide a funding mechanism in the form of a $50 additional fee to be imposed for certain traffic offenses. The fiscal impact on local governments is yet to be determined.

Please contact Randy Cook at 804/746-3773 if you have comments on these bills, or on any other legislation that addresses the issue of eminent domain.

Bill would require localities to adopt state model hunting ordinance

HB 2308 (Lingamfelter) would require localities that want to adopt hunting ordinances to only adopt those model ordinances developed by the Board of Game and Inland Fisheries. This bill is in the House Agriculture Committee.

Bill would add exemption to concealed weapons law

HB 2406 (Athey) creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if the handgun is locked in a container or compartment.

Deputies would fall under Law Enforcement Officers Procedural Guarantee Act

SB 776 (Cuccinelli) would add deputies to those who have to follow the procedures of the Law Enforcement Officers Procedural Guarantee Act. This bill is in the Senate Courts Committee.

State would assume liability for local employees working under governor's emergency assistance order

Several bills being considered by the House Commerce and Labor Committee would assign liability to the state for on-the-job injuries received while working pursuant to a governor's order for emergency assistance.

HB 2294 (McClellan) was unanimously referred to the House from the committee on Tuesday. This bill will make local government employees (for the purpose of workers' compensation only) state employees, if they are injured while working outside of Virginia as the result of the governor's call for emergency assistance. VML and VACo support this bill because it would transfer the liability for these injuries from local governments to the state.

HB 2428 (Albo) would provide workers' compensation medical coverage for family members who contract hepatitis, meningococcal meningitis, tuberculosis or HIV from an emergency worker who was exposed on the job. VML opposes this bill because it would alter the purpose of workers' compensation coverage, which is to provide employees (only) with a no-fault system of recovery against their employers for on the job injuries.

Bill would allow state to fine local governments for OSHA violations

HB 2725 (McClellan) would give the Virginia Department of Labor and Industry the authority to fine local governments for OSHA violations. Currently, local governments are subject to OSHA regulations, but Virginia OSHA does not have the authority to fine local governments. VML opposes this bill because it would send the fine to the state general fund, therefore an unfunded mandate.

Cities, towns would fall under Right to Farm Act provisions

HB 1823 (Suit) would add cities and towns to the Right to Farm Act provision that prohibits requiring a special use permit or special exception for farming or timber operations. The code section the bill amends currently limits zoning ordinances that unreasonably restrict farming and forestry practices unless the restrictions are needed to protect the public health, safety and welfare. A number of towns have agricultural districts with housing immediately adjacent. VML is working to improve the bill.

Localities would gain authority over parking of large trucks

Del. Joe May (R-Leesburg) has submitted HB 2387, which would expressly authorize local governments to adopt an ordinance prohibiting the parking of trucks over 6 tons gross weight or longer than 30 feet. The bill is in the House Transportation Committee.

Bills would assist local governments with affordable housing programs

Several bills would assist localities in developing affordable housing programs.

HB 2010 (Suit) increases the density bonus from 20 percent to 30 percent that a developer and city may agree on in a residential development plan.

HB 2451 (Toscano) inserts bonus density provisions into several land use activities, such as rezonings. It also allows a developer to pay into a fund in lieu of providing the affordable housing in his project.

HB 2910 (Spruill) allows the locality to create a housing fund to assist in building affordable housing. Developers could pay into the fund. SB 955 (Quayle) has a similar proposal. In addition, it removes the current restriction that the affordable housing ordinance may not apply to buildings taller than four stories. HB 2927 (D. Jones) also removes the four-story limit.

Bill with local survey requirement has flaws

HB 1628 (Alexander) would require any state or local agency to have a survey done for any property bought in fee simple. This would have tremendous cost for local governments and in many cases would serve no purpose. VML and others are working with the delegate to improve the bill.

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