eNews – April 12, 2024
Amendments and vetoes in play next week; VML Elected Officials Conference coming in June....and more!
Friday, April 12, 2024/Categories: eNews
This edition of eNews is sponsored by Spring City Electrical where quality, performance, service, and choice converge, experience our meticulously crafted LED luminaires, lamp posts, bollards, and traffic control pieces, proudly made in America, embodying classic excellence perfected. Learn more >
VML News
General Assembly
Budget
General Laws
Education
Transportation
Health & Human Services
Resources
VML News
Save the date: VML Elected Official Conference happening June 26
VML’s twice yearly Elected Officials Conference returns for its summer 2024 offering on June 26 in Richmond. While this event will build on the education provided during the winter 2024 offering, it promises to be a valuable learning experience for new as well as returning attendees.
Keep an eye on eNews and VML’s website (www.vml.org) for more details, lodging, and registration as they become available.
VML Contact: Rob Bullington, rbullington@vml.org
EPA releases final PFAS drinking water regulation
EPA webinars next week; More information for Virginia’s localities coming from VML soon!
The U.S. EPA released on April 10, 2024, its long-awaited “PFAS National Primary Drinking Water Regulation.” The new regulation is EPA’s first-ever legally enforceable drinking water standard to protect communities from PFAS exposure.
PFAS is category of thousands of manmade chemicals often used in the manufacture of consumer goods. They can be discharged into waste streams and make their way to water sources and public utilities. The new regulation sets Maximum Contaminant Levels (MCLs) in parts per trillion (ppt) for certain PFAS chemicals, such as PFOA, PFOS, PFNA, PFHxS, HFPO-DA (GenX), and mixtures.
EPA’s MCL limits are: PFOA (4.0 ppt), PFOS (4.0 ppt), PFNA (10 ppt), PFHxs (10 ppt), and HFPO-DA (10 ppt). The MCL for a mixture of two or more PFAS chemicals is set at a Hazard Index of 1.
Drinking water utilities will have to test for these PFAS chemicals. If there are MCL exceedances, utilities will have to provide additional treatment to meet MCLs. EPA estimates 6-10% of the nation’s 66,000 public drinking water systems will show MCL exceedances and will have to take action.
Public drinking water systems will have three years (2024-2027) to complete initial monitoring and public notification. If MCL exceedances are found, affected utilities will have two additional years to complete treatment for regulatory compliance (2029).
EPA also announced an additional $1 billion for states through the Bipartisan Infrastructure Law to assist communities with initial testing and treatment at public drinking water systems and to help owners of private wells.
EPA will hold three upcoming webinars:
For additional information, visit EPA’s PFAS webpage at https://www.epa.gov/sdwa/and-polyfluoroalkyl-substances-pfas.
VML Contact: Mitchell Smiley, msmiley@vml.org
NLC 100-year anniversary bus tour stops in Virginia announced
The National League of Cities (NLC) is excited to announce the next leg of its Centennial Roadshow: 100 Years, 100 Cities. This monumental event, celebrating the organization’s 100th anniversary, aims to celebrate the diversity, resilience, and transformation of America’s local communities. After a century of dedicated service to cities, towns, and villages across the nation, NLC embarks on a journey to commemorate its historic milestone.
The roadshow kicked off in February at the very place of its inception, the University of Kansas, and will traverse the country, making stops in 100 cities of all sizes, from coast to coast. As part of this celebratory journey, NLC is proud to announce its upcoming visits to these Virginia localities:
- April 17 – City of Harrisonburg
- April 18 – City of Richmond
- April 18 – Town of Dumfries
VML Executive Director Michelle Gowdy, who will participate in the Richmond stop, observes of the Centennial Roadshow: “This tour is a great reminder that the shared concerns of localities across the country have an experienced and engaged champion in the National League of Cities. I look forward to being part of this historic event.”
Questions about the Roadshow? Email membership@nlc.org.
VML Contact: Rob Bullington, rbullington@vml.org
Broadband Together Conference to be held May 16-17
Join the Virginia Municipal League, the Virginia Association of Counties, and the Broadband Association of Virginia May 16-17 at the Hilton Short Pump (outside of Richmond) for a conference about broadband. Connect with industry experts, learn from communities who are leading the way and work together to bridge the digital divide and leverage broadband opportunities for all of Virginia.
Learn more and register here >.
VML Contact: Josette Bulova, jbulova@vml.org
VML staff reports on the 2024 General Assembly: Webinars coming in May
With the General Assembly scheduled to reconvene on April 17 and the budget seemingly set for significant changes, much remains to be decided. After the dust settles, VML staff will present summaries of the actions of the 2024 General Assembly affecting localities. Please save the date and plan on attending the appropriate webinar:
- Towns: Wednesday, May 8 | 11:00 a.m. – 12:45 p.m.
- Cities and Counties: Thursday, May 9 | 11:00 a.m. – 12:45 p.m.
A link to register for these sessions will be available on the VML Events List next week.
VML Contact: Rob Bullington, rbullington@vml.org
General Assembly
The reconvened session process explained
When the General Assembly meets on April 17, it will take up the bills amended by the Governor. The Governor’s amendments must be agreed to by a majority of the members present in each chamber: 51 in the House, and 21 in the Senate.
If both chambers agree with the Governor’s amendment(s), the bill, as amended, becomes law.
If both chambers reject the Governor’s amendment(s) and agree to the bill in the form previously passed by the General Assembly (i.e., the enrolled bill) by a two-thirds vote of the members in each chamber, the enrolled bill becomes law.
If either chamber fails to agree to the Governor’s entire recommendation or fails to agree to at least one of the Governor’s amendments agreed to by the other chamber, the enrolled bill is returned to the Governor.
For bills vetoed by the Governor, a vote of two-thirds of the members elected is required to override the gubernatorial veto: 67 in the House, and 27 in the Senate.
If either chamber fails to override, the veto stands.
If both chambers override, the bill becomes law without the Governor’s signature.
For bills returned to the Governor, the Governor has 30 days from the end of the reconvened session to act on each bill returned to him by the General Assembly.
He can sign the bill; he can veto the bill (in which case it does not become law); or he can refuse to act on the bill, and it will become law without his signature.
For the Appropriations Act, the Governor may veto any particular item or items. However, the veto shall not affect any item or items to which he does not object.
VML Contact: Janet Areson, jareson@vml.org
Bill amendments, vetoes, and budget amendments in play next week
After the General Assembly convenes and passes judgment on the record-breaking number of vetoes and amendments the Governor sent down, one wonders whether he’ll be humming a slight variation of a Clash rock radio staple: “Should I sign or should I veto?”
We’ll know soon, because the General Assembly returns to Richmond on Wednesday, April 17, for the reconvened, or veto session.
A reconvened session typically lasts for a single day, but this one may go longer because of the large number of proposed bill amendments and vetoes coming from Governor Glenn Youngkin as well as the significant number of amendments to the state budget (a total of nine amendments for HB 29 and 233 amendments for HB 30) that he has proposed.
You can see all the Governor’s recommended amendments and vetoes of legislation on the General Assembly’s Legislative Information System (look at the heading “Governor” for those actions).
You can find a spreadsheet listing Youngkin’s proposed budget amendments on the Virginia Department of Planning and Budget’s website.
The actual amendments (listed as Governor’s Recommendations) may be seen on the General Assembly’s Legislative Information System budget page.
What follows in this issue of eNews is a summary of bill vetoes/amendments and proposed budget items of note to VML members, along with any actions we ask you to consider before the General Assembly returns on April 17.
VML will report on the actions of the General Assembly following the reconvened session. In addition, VML will hold webinars for members in early May that recap the actions of the 2024 General Assembly session.
VML Contacts: Janet Areson, jareson@vml.org; Joe Flores, jflores@vml.org
Budget
Governor’s proposed budget amendments have big implications for education
In total, the Governor proposes to reduce nearly $1.5 billion in net general fund spending from the biennial budget that begins on July 1, 2024. That includes $1.6 billion in proposed reductions, offset by $143 million in new initiatives.
The reductions are necessitated by the Governor’s proposed elimination of tax and revenue increases from the Conference Agreement. The majority of lost general fund revenue comes from the Governor’s original idea to modernize the sales tax by imposing it on digital services, which the General Assembly expanded to business-to-business software transactions; the Governor envisioned using the additional revenue from digital services for income tax relief, but the General Assembly had other ideas. Walking away from the expanded sales tax on digital services, reduces available revenue by $1.1 billion.
As expected, funding for education suffered the biggest hit in the Governor’s recommendations, in large part because most of the new revenue the General Assembly generated from the expanded sales tax would have flowed to education. In fact, fifty percent – $725 million – of the proposed general fund reductions come at the expense of education.
Specific K-12 initiatives that ended up on the losing end, include funding for at-risk students ($162 million), early childhood education ($93 million), and English language learners ($47 million). An additional $169 million in projected sales tax revenue for local school divisions is also sacrificed by the decision not to expand the sales tax to digital services.
Additional spending proposals include $50 million for business ready sites, $35 million to demolish the Monroe Building, and $56 million for the state share of increases for certain Medicaid home- and community-based service providers.
In the Caboose bill, the current FY 2022-24 budget, the Governor proposes to restore $85 million in general funds for lab schools that the General Assembly previously had reverted to the bottom line.
By historical standards, the Governor’s amendments are aggressive. How the General Assembly responds to the initiatives won’t be known until next week. Stay tuned!
General Laws
Governor recommends changes to short-term rental bill
SB544 (Bagby) Short-term rental property; locality’s ability to prohibit use of accessory dwelling unit. Notwithstanding any other provision of law, general or special, no local ordinance enacted after December 31, 2023, shall require that a special exception, special use, or conditional use permit be obtained for the use of a residential dwelling as a short-term rental where the dwelling unit is also legally occupied by the property owner as his primary residence.
Governor’s Recommendation: Clarifies that ordinances enacted before December 31, 2023, or any subsequent amendment shall require a special permit. Note – The passed version did not include “any subsequent amendment.”
VML Contact: Michelle Gowdy, mgowdy@vml.org
Bills vetoed by the Governor that will be addressed by the General Assembly next week
HB4 (Martinez) Plastic bag tax; distribution to towns. Provides that any town located within a county that has imposed a disposable plastic bag tax shall receive a distribution of revenues collected by the county based on the local sales tax distribution formula for appropriations to towns. The bill requires that towns use such revenues for the same purposes allowable for a county or city.
HB953 (Lopez) Local Environment Impact Fund. Any locality may by ordinance create a permanent and perpetual fund to be known as the Local Environmental Impact Fund (the Fund). The Fund shall consist exclusively of appropriated local moneys and any gifts, donations, grants, bequests, and other funds received on its behalf.
HB1028 (Reaser) Affordable Housing; assisted living facilities. Any locality that has adopted an affordable housing program pursuant to § 15.2-2304, 15.2-2305, or 15.2-2305.1 may by ordinance require that in an application for a special exception or special use permit in accordance with § 15.2-2286 affordable rental units be included for any proposed development of an assisted living facility to be licensed pursuant to § 63.2-1701. Such ordinance shall apply to newly licensed assisted living facilities and permit applications approved on or after January 1, 2025.
HB1207 (Hayes) / SB588 (Lucas) Department of Housing and Community Development; Virginia Residential Landlord and Tenant Act; affordable housing; criminal record screening. Requires the Director of the Department of Housing and Community Development (the Department) to develop a criminal record screening model policy for admitting or denying an applicant for affordable housing covered under the Virginia Residential Landlord and Tenant Act in accordance with the U.S. Department of Housing and Urban Development's guidance on the application of the Fair Housing Act and maintain such model policy on its website.
HB1386 (Convirs-Fowler) Firearm regulation by local governments. Provides that if a locality enacts rules on carrying weapons in public buildings, its rules for its employees must be at least as restrictive as the rules for the public.
HB1398 (Bennett-Parker) Preservation of affordable housing; definitions; civil penalty. Creates a framework for localities to preserve affordable housing by exercising a right of first refusal on publicly supported housing, defined in the bill.
SB477 (Aird) Blighted and derelict properties in certain localities; rate of tax. Allows the governing body of a locality with a score of 100 or higher on the fiscal stress index to levy a real property tax on blighted and derelict properties at a rate exceeding the rate applicable to the general class of real property by up to 15 percent on blighted properties and by up to 30 percent on derelict properties.
SB570 (Ebbin) Virginia Human Rights Act; definition of "employer." Makes it a violation of the Virginia Human Rights Act for a locality or other government agency to refuse reasonable ADA accommodations for employees. It waives sovereign immunity in a lawsuit over violations of the law.
SB595 (Bagby) / HB208 (Simonds) Comprehensive plan; healthy communities strategy. Allows localities to adopt a healthy communities strategy in its comprehensive plan.
SB597 (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.
VML Contact: Michelle Gowdy, mgowdy@vml.org
Bills for which the Governor provided recommendations
HB597 (Price) / SB478 (Aird) Virginia Residential Landlord and Tenant Act; enforcement by localities. Allows localities to initiate actions for injunctions and damages to enforce the landlord’s duty to maintain a rental unit in a fit and habitable condition after procedural steps outlined in the legislation.
Recommendation: That a report be submitted detailing the amendments made to the residential landlord and tenant act within the past 5 years and the effects on cost, accessibility, and availability of rental units. The bill also has to be reenacted.
HB852 (Williams) Local government ordinances related to fire departments; billing on behalf of volunteer fire departments. Provides that the governing body of any county, city, or town in which a fire department or fire company is established may make such ordinances in relation to the powers and duties of such fire departments or fire companies as it deems proper, including billing on behalf of volunteer fire departments for the provision of emergency medical services.
Recommendation: Clarifies that the billing is on behalf of volunteer departments for the support of a licensed emergency medical services agency.
HB950 (Lopez) Uniform Statewide Building Code; temporary prohibition on modifications. Notwithstanding any other provision of law, neither the Governor nor the Board of Housing and Community Development shall modify any regulation in the Uniform Statewide Building Code (§ 36-97 et seq. of the Code of Virginia) prior to the conclusion of the Commonwealth's next triennial code development process.
Recommendation: The process for any legislative bill relating to the Uniform Statewide Building Code would be reviewed by the Board of Housing and Community Development (Board) to determine its necessity and impact on the public health, safety and welfare. The Board would report to the Governor and the General Assembly to consider.
HB1415 (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 a 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.
Recommendation: Amends the amount of the civil penalty.
VML Contact: Michelle Gowdy, mgowdy@vml.org
Bills that have been signed by all parties and will become law
HB947 (Lopez) Local government; regulation by ordinance for locations of tobacco products, etc. Localities may be ordinance regulate retail sale locations of tobacco products, nicotine vapor products, alternative nicotine products or hemp products intended for smoking and may prohibit a retail sale location within 1,000 linear feet of a child day care center or school. There are exceptions.
HB650 (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.
SB701 (French) Vested rights; building permits. Provides that if a locality has issued a building permit, despite nonconformance with the zoning ordinance, and a property owner, relying in good faith on the issuance of the building permit, incurs extensive obligations or substantial expenses in diligent pursuit of a building project that is in conformance with the building permit and the Uniform Statewide Building Code, the locality shall not treat such building as an illegal use but rather as a legal nonconforming use.
SB296 (VanValkenburg) / HB1356 (Owen) Local planning commission; action on proposed plats, site plans, and development plans; residential use. Requires local planning commissions to use the same approval process for residential development projects as is currently required for commercial development projects.
HB1461 (Mundon King) Short-term rental property; locality’s ability to prohibit lessee or sublease operator. No local ordinance shall prohibit an operator from offering a property as a short-term rental solely on the basis that such operator is a lessee or sublessee, provided that the property owner has granted permission for such property's use as a short-term rental. Localities may enact an ordinance that limits a lessee or sublessee to one short-term rental within the applicable locality and create a registry for this purpose.
HB128 (Watts) Local regulation of door-to-door vendors; political parties exempted. Provides that local ordinances regulating the activities of door-to-door vendors shall not apply to any person participating in certain specified political activities.
HB281 (Reaser) / SB13 (Favola) Early childhood care and education; child day programs; use of office buildings; waiver of zoning requirements. Permits any locality to by ordinance provide for the waiver of any requirements for zoning permits for the operation of a child day program in an office building, as defined by the bill, provided that such facility satisfies the requirements for state licensure as a child day program.
HB960 (Lopez) / SB556 (Williams Graves) Historic rehabilitation; maximum amount of tax credit. The amount of the historic rehabilitation tax credit beginning January 1, 2025, will be $7.5M instead of $5M.
HB914 (Shin) Local historic districts; tax incentives. A locality that establishes a local historic district pursuant to this section may provide tax incentives for the conservation and renovation of historic structures in such district.
HB1395 (Hope) Historic preservation. Provides that the filing of a building permit or demolition application shall stay a locality from issuing any permit to raze or demolish a historic landmark, building, or structure until 30 days after the rendering of the final decision of the governing body of the locality pursuant to a historic preservation ordinance.
SB17 (Stanley) Motor sports facilities; historic landmark designation; enterprise zone. Allows a locality that is home to a motor sports facility, as defined in relevant law, in the Commonwealth to propose local incentives that address the economic conditions within such locality and will help stimulate real property improvements and new job creation. The bill allows a locality to establish eligibility criteria for local incentives that are different from the current criteria required by relevant law.
HB61 (Wright) / SB679 (Head) 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.
SB538 (Bagby) / HB578 (McQuinn) Uniform Statewide Building Code; violations, increases fines. Increases from $2,500 to $5,000 the minimum amount and from $5,000 to $10,000 the maximum amount that any person, firm, or corporation shall be fined when convicted of a third or subsequent offense of violating the provisions of the Building Code committed within 10 years of another such offense after having been at least twice previously convicted of such an offense.
HB755 (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.
SB48 (Locke) / HB1486 (Thomas) Vacant buildings; registration. Allows any county, city, or town to require a vacant building registration if the building has been vacant 12 months and it meets certain criteria.
SB49 (Locke) / HB478 (Coyner) Community revitalization fund; expanding use for all localities. Expands the current law to allow all localities the ability to establish a community revitalization fund to be used to prevent neighborhood deterioration. Currently only the City of Richmond has this authority.
HB634 (Simon) / SB308 (McPike) Residential dwelling units; rentals for 30 consecutive days or longer. Prohibits a locality from enacting or enforcing an ordinance that bans the rental of residential dwelling units for 30 consecutive days or longer. The bill allows a locality by ordinance to regulate such rental if such regulations (i) are reasonable and (ii) do not exceed the requirements for an owner-occupied residential property or a residential property rented for a lease term of 12 months or more in the same zoning district.
SB354 (Locke) / HB467 (Simon) Establishment by localities of certain real estate contract disclosures prohibited. Localities may not establish or enforce a mandatory disclosure requirement for a real estate transaction dealing with residential real property.
HB1211 (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.
HB1019 (Wilt) Health insurance; locality to allow local employees to participate in its group health insurance programs. Permits any locality to allow participation in its group health insurance program by any non-benefitted employee, including members of governing bodies, if such non-benefitted employee or governing body member is not otherwise entitled to participate, provided that such non-benefitted employees reimburse the locality for the full cost of their participation. The bill provides that reimbursement may include forgoing all or a part of a local government salary.
Procurement bills set to become law
HB311 (Hope) Virginia Public Procurement Act; local public bodies; electronic submissions of bids or proposals. Requires all local public bodies to provide an electronic means for the submission of bids or proposals for procurement. The locality can also require a certain number of paper copies for review. The bill has an effective date of January 1, 2025.
HB242 (Bulova) / SB242 (McPike) Virginia Public Procurement Act; competitive negotiation; exceptions to contractual terms and conditions of the Request for Proposal. States that a public body may request objections to contract terms at the time of submitting proposals but can’t use them in scoring for the short list of proposals.
HB1108 (Carr) / SB18 (Locke) Virginia Public Procurement Act; construction management and design-build contracting. Construction Management (CM) and design-build (DB) contracts entered into by localities cannot use their CM/DB experiences in deciding who to shortlist, they can use it in deciding who to make the award to.
HB1113 (Carr) Virginia Public Procurement Act; job order contracting; limitations. Increases from $6M to $10M, the maximum threshold above which the sum of all jobs performed in a one-year job order contract shall not exceed and increase from $500,000 to $1M the maximum threshold for any one job order.
HB1116 (Carr) Virginia Public Procurement Act; methods of procurement; certain construction projects. Raises the small purchase limit on construction to $300,000.
HB151 (Helmer) /SB245 (McPike) Energy, Department of; building standards for certain local buildings. This is a bill that adds to Virginia Code Section 15.2-1804.1 dealing with energy efficient building construction. The additions make it clear that the legislation applies to public school buildings and includes building for electric vehicles. It also retains the ability of a local public body to opt out of the requirements if they find them too expensive or have other reasons for opting out.
Freedom of Information Act / Publication bills set to become law
HB264 (Hope) / SB157 (Boysko) Legal notices and publications; on-line news publications, requirements. A locality may publish their legal notices in an online-only news publication in lieu of publication in a newspaper if the online publication meets the criteria listed in the code section.
HB894 (Bennett-Parker) / SB734 (Marsden) Virginia Freedom of Information Act; electronic meetings. Amends the number of all-virtual meetings that certain public bodies may hold from 2 or 25% to 2 or 50% per calendar year.
HB1040 (Bennett-Parker) / SB85 (Favola) Virginia Freedom of Information Act; definition of “caregiver,” remote participation in meetings. Stipulates that a person with a disability or their caregiver can participate remotely as part of the public body in a meeting and count as part of a quorum.
HB816 (Cherry) / SB244 (McPike) Virginia Freedom of Information Act; effective date of procedures for conducting meetings held through electronic communication means during declared states of emergency. This legislation states that meetings by electronic means due to a state of emergency are declarative of existing law since March 20, 2020, as long as the notice and access requirements were met.
HB818 (Cherry) / SB36 (Locke) Virginia Freedom of Information Act; definition of meeting. Amends the definition of "meeting" as it relates to the Virginia Freedom of Information Act (FOIA) to clarify that a gathering of two or more members of a public body is not a meeting if there is no discussion or transaction of any public business by the members of the public body and that certain educational trainings are not meetings subject to FOIA.
HB1412 (Cherry) Virginia Freedom of Information Act; exemption for complainant personal contact information. Amends an existing exemption from mandatory disclosure under the Virginia Freedom of Information Act for names, addresses, and phone numbers of complainants furnished in confidence with respect to an investigation of individual zoning enforcement complaints or complaints relating to the Uniform Statewide Building Code or the Statewide Fire Prevention Code made to a local governing body to exempt personal contact information of such complainants as defined in the bill.
SB215 (Perry) Virginia Freedom of Information Act; removal of. Virginia residency requirement for access to certain criminal investigation files. Removes the requirement that persons to whom non-ongoing criminal investigation files shall otherwise be disclosed be citizens of the Commonwealth. Current law limits disclosure of public records to individuals who are citizens of the Commonwealth unless a clear exception applies.
SB324 (Roem) Virginia Freedom of Information Act; charges for production of public records; report. Directs the Virginia Freedom of Information Advisory Council to study whether public bodies should charge requesters pursuant to the bill and report on its findings by December 2024. The provisions of the bill amending the Code of Virginia do not become effective unless reenacted by the 2025 Session of the General Assembly.
SB204 (Diggs) Virginia Freedom of Information Act; release of criminal investigative files exception. Exempts a victim's insurance company and attorney from the prohibition on releasing photographic, audio, video, or other records depicting such victim. The bill also permits a victim, a victim's immediate family members if the victim is deceased, a victim's parent or guardian, the victim's insurance company, or the victim's attorney to waive the 14-day period for a public body to respond to a request for criminal investigative files.
HB456 (Callsen) City council salaries; permitted salaries. Increases the statutory salary caps for members of city councils and requires a public hearing prior to adopting an ordinance to set city council salaries. The bill also provides that the maximum salaries may be adjusted in any year by an inflation factor not to exceed five percent.
SB413 (Head) / HB1488 (Henson) Local government; standardization of public notice requirements for certain meetings, hearings, etc. This is a clean-up bill from the code commission regarding public notice requirements. The revisions include amending the frequency for publishing notices in the newspapers, the number of days required to elapse between the publication of notices and the amount of information to be contained in each notice.
HB69 (Bulova) Vacancies in elected local offices; interim appointments; notice requirement. Requires the local governing body or elected school board making an interim appointment to fill a vacancy in the membership of such body or board to hold a public meeting at least seven days prior to making such appointment. The bill specifies that at such meeting, the body or board shall announce the names of all persons being proposed for the interim appointment and shall make available for inspection each person's resume and any other materials required by the body or board.
HB456 (Callsen) City council salaries; permitted salaries. Increases the statutory salary caps for members of city councils and requires a public hearing prior to adopting an ordinance to set city council salaries. The bill also provides that the maximum salaries may be adjusted in any year by an inflation factor not to exceed five percent.
SB413 (Head) / HB1488 (Henson) Local government; standardization of public notice requirements for certain meetings, hearings, etc. This is a clean-up bill from the code commission regarding public notice requirements. The revisions include amending the frequency for publishing notices in the newspapers, the number of days required to elapse between the publication of notices and the amount of information to be contained in each notice.
HB69 (Bulova) Vacancies in elected local offices; interim appointments; notice requirement. Requires the local governing body or elected school board making an interim appointment to fill a vacancy in the membership of such body or board to hold a public meeting at least seven days prior to making such appointment. The bill specifies that at such meeting, the body or board shall announce the names of all persons being proposed for the interim appointment and shall make available for inspection each person's resume and any other materials required by the body or board.
VML Contact: Michelle Gowdy, mgowdy@vml.org
Education
SUPPORT VETOED BILLS: Local option tax to support schools; local option ranked choice voting
Please contact your legislators before Wednesday, April 17, and ask that they continue to support the bills discussed below to override the Governor’s veto.
One percent sales tax for school construction/renovation
HB805 (Rasoul) and SB14 (McPike), which passed each chamber of the General Assembly with bi-partisan support, would allow all cities and counties to impose a sales and use tax of up to one percent for school construction, modernization, and debt services if approved with a local ordinance and voter referendum. The bills would also open a path for the two towns with school systems to receive funding for their school infrastructure needs. Governor Glenn Youngkin vetoed the bills, saying in part that the state offered sufficient funding for construction needs (not the case) and that these bills would increase taxes that could be used for purposes other than infrastructure (not true). Currently, nine localities have this revenue authority with more asking for the same each year.
These bills:
- Are a local option – no locality is required to use this authority to assist with school infrastructure needs.
- Ensure that community residents must approve the sales tax increase through referendum.
- Provide a viable funding source for localities, allowing localities to avoid potentially large real estate tax increases to pay for critical school infrastructure.
- Have been proven by the localities with this authority to generate sufficient funding for school infrastructure needs without increasing the real estate tax burden on residents.
Children in the Commonwealth deserve to go to school in clean, safe, healthy, and modern environments conducive to learning. These bills would help localities to fund school construction projects that benefit students and staff and help schools to thrive!
VML Contact: Josette Bulova, jbulova@vml.org
Transportation
SUPPORT AS ORIGINALLY PASSED: local authority to lower speed limits; approve bus shelters
The bills outlined below were amended by Governor Youngkin. We ask that you contact your legislators to support these bills as originally passed by the General Assembly.
Local authority to lower speed limits
HB1071 (Carr) provides localities that do not maintain their own roads with the authority to lower speed limits to less than 25 mph (but no lower than 15 mph) in business and residential districts. This legislation is similar to authority that cities already have on city owned streets. The Governor amended HB1071 to include a re-enactment clause and directs VDOT to study safety and operational concerns, necessity of engineering studies, financial impacts for localities, compliance with the Manual of Uniform Traffic Control Devices and costs associated with signage. These amendments would delay this expansion of local authority until July 1, 2025 should the General Assembly again act favorably upon this concept during next year’s session.
Local authority to approve bus shelters in state right of way
HB285 (McQuinn) provides localities with the authority to approve bus shelters located on state right of way instead of the current process which requires the Virginia Department of General Services (DGS) to approve bus shelters located on state property. This legislation is intended to speed up the process for constructing bus shelters regardless of who is installing the bus shelter and without concern for the funding source. The goal is to build shelters more quickly. Currently bus shelters can take many months or even years to construct on state right of way while incurring significant costs for the approval of plans by DGS. HB285 delegates authority to local building officials for bus shelters on state right of way. HB285 also includes a 1-year sunset clause to provide localities with the opportunity to identify any unanticipated problems or concerns with a process that was developed during the last week of the General Assembly session. Should any problems or concerns arise, the same members of the Virginia General Assembly with the same bill patron, Del. McQuinn, will address these issues.
The Governor amended HB285 to include a 3-year sunset clause instead of the 1-year sunset clause as originally passed. We believe that a 3-year sunset clause would mean that concerns would be brought before new legislators unfamiliar with the bill’s history and the concepts it addresses.
VML joined the Virginia Association of Counties, Virginia Building Code Officials Association, Virginia Risk Sharing Association, Henrico County, and Chesterfield County in sending a letter of support of Delegate McQuinn’s HB285 as unanimously passed by the 2024 Virginia General Assembly. View/Download the letter here >.
VML Contact: Mitchell Smiley, msmiley@vml.org
Health & Human Services
Budget amendments of interest
Item 125 (Governor Amendment #56): At-risk add-on program. The Governor’s amendment decreases funding for the at-risk add-on program each year of the biennium. It reverts the program to what was in the introduced budget by reinstating the existing SOQ program including SOQ positions and compensation, reinstating the at-risk SOQ formula, and increasing the at-risk minimum add-on percentage. Updating the at-risk add-on was a recommendation of the 2023 Joint Legislative Audit and Review Commission (JLARC) report on the Standards of Quality. Funding reduction: $82.0 million in FY25; $79.0 million in FY26.
Item 324 (Governor Amendment #136): Training academy for local social services family services staff. The Governor’s amendment removes all the funding included in the General Assembly’s approved budget to create a centralized training academy to better equip and retain local social services family services staff: $844,524 GF/$663,554 NGF in FY25; $2.23 million GF/$1.75 million NGF in FY26.
VML Contact: Janet Areson, jareson@vml.org
Resources
Older adult malnutrition food insecurity: Videos and resources
The Commonwealth Council on Aging, with funding from a Geriatric Training and Education (GTE) grant from the Virginia Center on Aging (VCoA) at VCU, has developed five microlearning videos on older adult malnutrition and food insecurity and the services/programs that can help address those issues. The five videos, each roughly 2 minutes long, are as follows:
- Video #1: Overview of Malnutrition and Food Insecurity
- Video #2: Congregate (Group) and Home Delivered Meal Programs
- Video #3: SNAP/Food Banks/Food Pantries
- Video #4: Farm Market Fresh & Virginia Fresh Match
- Video #5: Disease Prevention Self-Management Programs
The Council partnered with No Wrong Door (NWD) to house the videos on the public-facing Virginia Easy Access website and on NWD’s training platform.
The videos and the accompanying resources were debuted through a statewide webinar on March 26 through the Virginia Governor’s Conference on Aging Webinar Series with the Virginia Association of Area Agencies on Aging. You can watch the March 26 webinar recording here.
PDF of informational flyer available here >.
Department for Aging and Rehabilitative Services Contact: Charlotte Arbogast, charlotte.arbogast@dars.virginia.gov