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Legislative Bulletin

February 9, 2007

Problems remain with affordable dwelling unit ordinance legislation

HB 2010 (Suit) and SB 955 (Quayle), as the session wore on, were amended to become a rewrite of the code section that provides general affordable dwelling unit ordinance authority. The bills have been rewritten several times.

In a recent draft, the provisions in existing law that allow local governments to require a developer to provide affordable units was stricken. Instead, construction of affordable units would be a negotiation between the locality and the developer.

In other respects, the draft was to the benefit of local governments. Another issue is how easy it would be for a developer to opt out of a requirement or even an agreement to include affordable units in a project. The "economic hardship" language remains unacceptable to some parties.

As a result of the disagreement over some major issues, it is likely that a new substitute will be pared back to something like the versions requested by a few cities: Virginia Beach, Charlottesville, Chesapeake and others. It is also possible that the larger issues concerning affordable dwelling unit law will be tackled by the Housing Commission through 2007.

SB 955 will be heard Wednesday morning in a House Counties, Cities and Towns Subcommittee. HB 2010 will be taken up by the Senate Local Government Committee Tuesday afternoon, Feb. 13.

Extension of utility lines: Legislation will limit local land use authority

SB 1351 (Wagner) amends the code section that controls which utility line extensions are exempt from a review for compliance with the local comprehensive plan. A version of the bill that was approved by the Senate vastly expands the actions of a public utility or public service corporation that are exempt from comprehensive plan review.

As background, under current law, any extension of a power or gas line is subject to a comprehensive plan review, except "normal service extensions" of utilities. The amendment exempts "ordinary extensions or improvements in the usual course of business" of utilities. This amendment would allow a gas or power company to run lines to a completely new area of a county or city without land use review. In addition, it would allow a company to add major infrastructure in a locality without review.

The bill will be heard Wednesday by a House Counties, Cities and Towns subcommittee.

Shooting range bill could be heard Monday

HB 3109 (Janis) will limit local public safety authority by removing the option for localities to prohibit hunting within one-half mile of a subdivision.

Current law creates a simple, easy to understand rule that if adopted by the locality, prohibits a person from hunting within one half-mile of a subdivision.

The bill also: allows hunters to self-regulate their actions (as opposed to allowing a locality to regulate proximity to subdivisions); could result in hunting preserves being located adjacent existing residential subdivisions; weakens local land use control through a statewide "one size-its all" approach; allows personnel certified by the National Rifle Association or other entities recognized by the Department of Game and Inland Fisheries to approve a shooting match without notifying the affected local governments.

HB 3109 has been assigned to the Senate Courts of Justice Committee and may be heard Monday, Feb. 12.

Textbook bill runs into committee roadblock

The Senate Education and Health Public Education subcommittee voted not to recommend reporting of HB 2556, the bill introduced by Del. Jeff Frederick of Prince William County to ensure that textbooks and workbooks were available for students' use at home. The bill carried a potentially heavy price tag, as some school divisions felt that it would require the purchase of double sets of textbooks. The bill now will go before the full Senate Education and Health Committee, which will meet Thursday, Feb. 15.

Billboard relocation bills reported from committees

SB 1102 (Williams) and HB 2128 (Hugo) were reported out of the Senate and House Transportation committees even though opposition is building against them. The bills will allow relocation of billboards to another location on the same property if the billboard is situated on land acquired due to widening, construction, or reconstruction by purchase or by exercise of eminent domain. The height and angle of the billboard can also be changed, once it is moved, in order to make the sign more visible.

The House reported HB 2128 49-47. Please continue to contact your Senators and Delegates to oppose this legislation, which limits local authority and keeps individual localities from making their own decisions about the aesthetics of their locality. The bills will be discussed on the House and Senate floor next week.

Several bills in Senate Local Government Committee

Several bills that affect cities and towns will be heard Tuesday, Feb. 13 in the Senate Local Government Committee.

HB 1974 (Fralin) allows cities to create economic revitalization zones. Fees and local business license taxes may be waived.

HB 2261 (Rust) allows a locality to provide enhanced penalties for violations of zoning ordinance limits on the number of unrelated persons occupying a residence.

HB 2544 (Lingamfelter) shortens the time that a water & sewer authority may take to review subdivision or site plans. However, the major change is a requirement that the easements of a water and/or sewer authority be open for other utilities, if located in a public street right of way, if practical and if a permit is obtained for the added utilities. VML's concern with this bill is the hazard a water service crew could face when digging up a broken line. If a power line is in the easement, the crew could easily be electrocuted. The amendments to the bill hopefully will make it workable.

HB 1658 (Alexander) requires localities and state agencies to obtain a survey of land it is acquiring, if the land cost exceeds $100,000. There is an exemption for land with a recent survey and land acquired for certain permanent public uses, such as open space or wetlands. The bill will have some fiscal impact over the years.

No Child Left Behind bills head to Kaine

Two bills that will require the Board of Education to continue seeking waivers from some provisions of the federal No Child Left Behind Act are headed to Gov. Tim Kaine's desk. HB 2542 (Landes) and SB 1212 (Hanger), which passed both houses in identical form, would require the state to seek waivers from provisions in the act that are "fiscally and programmatically burdensome and not in the best interest of children."

The bills also require the board to report on the status of waivers, including a report to the Virginia congressional delegation. The state legislature hopes that Virginia's concerns will be reflected in the reauthorization of the federal education bill. If not, the bill instructs the board to make a recommendation on withdrawing from participation in NCLB. Finally, the bill also allows the state to bring suit against the U.S. Department of Education if federal money is inappropriately withheld as a result of the withdrawal.

Localities given authority to review emergency plans

HB 2726 (McClellan) was reported out of the Senate General Laws and Technology committee. This bill will grant authority to localities to require the review of, and suggest amendments to, the emergency plans of nursing homes, assisted living facilities, adult day care centers, and child day care centers that are located within the locality.

Senate Rehabilitation Committee round-up

A bill to allow local and state correctional facilities to be charged no more than the rates paid by Medicaid for medical services for inmates was struck by its patron, Del. Phil Hamilton (Newport News), in the Senate Rehabilitation and Social Services Committee. VML supported HB 2034 because it would have saved jails, and the local governments that help pay for them, money. A budget amendment addressing this issue is still alive in the House budget (Item 60#1h).

HB 1995 (Suit), which allows local governments to petition a circuit court to enjoin the sale of alcohol at any establishment licensed by the ABC Board that becomes a meeting place for people committing serious criminal violations, was amended and passed 15-0.

HB 1932 (Rapp), which allows a local jail farm to be used to hold or confine a person who could be held or confined in a regional or local jail, passed 15-0.

HB 2504 (Toscano), which establishes mandatory background checks for prospective foster or adoptive parents, passed 15-0. The bill is intended to bring Virginia into compliance with federal law (the Adam Walsh Child Protection and Safety Act), which was passed in 2006.

CSA bill going to different House committee

SB 1332 (Devolites Davis), which would increase the mandated population covered under the Comprehensive Services Act for At-Risk Youth and Children, was referred to the House Committee on Health, Welfare and Institutions. A companion bill was referred to the same committee, which meets on Tuesdays and Thursdays. VML opposes the bill.

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