eNews – December 6, 2024
Deadline to register for Elected Officials Conference is Jan. 4, Get ready for Budget Season, Update on housing workgroups...and more!
Friday, December 6, 2024/Categories: eNews
This edition of eNews is sponsored by GovDeals a leader in transforming how organizations manage and dispose of surplus assets. Learn more >
In this issue:
Correction: The Transportation section of the November 8, 2024, issue of eNews included an article that incorrectly stated that the VTRANS Draft Amendments apply to Round 6 of SMART Scale Applications. In fact, the VTRANS Draft Amendments DO NOT apply to Round 6 of SMART Scale Applications. The original article has been updated accordingly. We apologize for any confusion this may have caused.
VML News
Finance
General Laws
Health & Human Services
Natural Resources
Transportation
Opportunities
VML News
New episode of the VML Voice: Get to Know GovDeals
"Sell your surplus assets virtually - anytime, anywhere!"
We've all got stuff we need to get rid of and local governments are no different! VML partner organization GovDeals is a leader in helping local government assess and sell their unused assets easily, affordably, and responsibly. The VML Voice – the official podcast of the Virginia Municipal League – had a chance to catch up with Business Development Manager Chris Lassiter during our Annual Conference in October.
Listen to the podcast here >.
VML's member localities would do well to hear what Chris and GovDeals can do for them!
VML Contact: Rob Bullington, rbullington@vml.org
Register now for the Elected Officials Conference happening January 8; last day to register is January 4
The Elected Officials Conference is a valuable training and networking opportunity for newly elected and veteran local officials from across the Commonwealth. This in-person event is offered to local officials and staff from VML member localities.
Register here >.
The conference will include sessions on the Freedom of Information Act (FOIA) and Conflict of Interest Act (COIA). Please note that the Virginia Code requires all newly elected officials to obtain training for FOIA and COIA within two months of beginning office and once every two years; the training can be online or in-person.
- Location: The Place at Innsbrook (Glen Allen, VA)
- Amenities: Breakfast and lunch are included.
- Duration: The program is scheduled to begin at 9:00am and conclude by 4:00pm.
VML Contact: Rob Bullington, rbullington@vml.org
Local Government Day is January 30; deadline to reserve rooms at the group rate is January 5
The Virginia Municipal League invites its members to the VML Local Government Day. This is the day when all VML’s member cities, towns and counties will come together and advocate on behalf of our communities.
Register here >.
Location / Lodging: Hilton Richmond Downtown (501 East Broad Street, Richmond, VA 23219)
- Reserve rooms under the VML block here >
- Or call 804-344-4300 and ask for “Virginia Municipal League” block
- Room block cut off is January 5, 2025
- If you have issues reserving rooms, please contact Sandra Harrington, sharrington@vml.org.
Schedule:
- Morning - Briefing and reports from VML staff
- Afternoon - Make plans to meet with your legislators and attend committee meetings
- Evening - Join us for a reception!
VML Contact: Rob Bullington, rbullington@vml.org
Finance
It’s the “Most Wonderful Time of the Year” – Budget Season, of course!
If the past is prologue, in the next few days Governor Youngkin will begin rolling out his major funding priorities with much fanfare. While the Governor gets the first shot at recommending how any additional resources should be allocated – and it’s an important advantage to be the first out of the gate – it’s also important to remember that the General Assembly will have a say in how these dollars are ultimately appropriated.
So, whether they elicit alarm or joy, don’t get too wedded to the Governor’s initiatives, because they are still proposals at this juncture. Or, as lawmakers in state capitals around the country are fond of saying: “The Governor proposes and the Legislature disposes.” Which, while not exactly true, does reinforce the fact that the budget is almost always a negotiated compromise between the Executive and Legislative Branches. It’s also important to remember, as we’ve experienced lately, that the budget process is a marathon, not a sprint.
Two weeks from today, VML staff will be poring over Governor Youngkin’s proposed amendments to the current biennial budget. Those recommendations will be taken up for consideration during the 2025 Session of the General Assembly that convenes in January. We will be watching for those things we have concerns or questions about.
Over the holidays the staff of the money committees will begin to summarize the Governor’s budget recommendations. As a former staffer who recalls analyzing the governor’s budgets while listening to Christmas music, please remember that these folks are working under a lot of stress at a time when everyone else is usually enjoying themselves. Put differently, unless your budget question feels like a life-or-death matter, please wait until January to ask it. There’s nothing that can be done until the General Assembly gavels into session anyway.
Also, budget enthusiasts should keep an eye on the websites of the House Appropriations (HAC) Committee and the Senate Finance & Appropriations (SFAC) Committee in early January as the non-partisan legislative fiscal analysts release their budget summaries and make presentations to their members. These documents provide additional context for the Governor’s proposals, based on the knowledge and expertise of the staff. The staff will often bring to the fore some of those budget initiatives that fail to make it into the Governor’s press releases or the Secretary’s presentations. It’s a tried-and-true strategy of nearly every Governor to play up the fun stuff and not mention the other stuff.
Finally, you will recall that two weeks ago, the HAC and SFAC agreed that the Governor will have more than $3.0 billion to propose as spending initiatives or tax cuts when his budget is released. But two-thirds of the additional funding is projected to be available in the first year of the biennium, FY 2025, meaning ongoing general fund commitments will be limited to no more than $1.0 billion in FY 2026. So, we can expect large one-time initiatives in the first year of the biennium and possibly even the second. In a few budget meetings earlier this week, that message was reinforced.
Soon we will know what the Governor is proposing. And then the race to Sine Die begins!
VML Contact: Joe Flores, jflores@vml.org
General Laws
Housing Commission workgroups provide bill recommendations
The Local Land Use and Community Living Workgroup and the Affordable Housing and Landlord Tenant Law Workgroup met last week. These were the last meetings for 2024, so the workgroups had to decide whether to recommend legislation to the Full Housing Commission which meets on December 17 at 1:00pm in the General Assembly Building.
The materials from both meetings are available here >.
The bills recommended and not recommended by both workgroups are listed below; but please be aware that any of the legislation below (whether recommended by the workgroups or not) may still be introduced by individual legislators during the 2025 General Assembly Session.
Actions of the Affordable Housing and Landlord/Tenant Law Workgroup
Bills Recommended by the Workgroup:
HB467 (Subramanyam) – Real Estate Contracts; localities; certain real estate contract disclosures prohibited.
The code below passed last year, and Loudoun County asked the Housing Commission to look at the issue. There was substantial discussion by the interested parties and this draft language was endorsed by the Workgroup; please note they are not in the same code section.
15.2-983.1. Establishment by localities of certain real estate contract disclosures prohibited.
No locality shall have the authority to establish or enforce a mandatory disclosure requirement for a real estate licensee, any party to a contract for the sale or listing of residential real property, or any authorized agent of such party. For purposes of this section, "mandatory disclosure" means any notification required to be made by a homeowner or his authorized agent to a potential or actual buyer or his authorized agent. Prohibited mandatory disclosures include mandatory notifications in contracts, contract amendments or addenda, advertising, other promotional materials, and subsequent deeds after the initial deed is recorded, related to the sale of residential real estate.
HB863 (Hernandez) – Virginia Residential Property Disclosure Act; flood-related disclosures.
HB863 would have required the Real Estate Board to include on its repetitive risk loss disclosure form for owners of residential real property space for the disclosure of historical flood damage, flood insurance claims, and costs to such residential real property along with other related information. The bill also requires the owner of residential real property within the Commonwealth to disclose to any purchaser or renter of such property certain facts related to the flood history and risk of such property.
The draft endorsed by the Workgroup requires the owner of residential real estate property, if they have actual knowledge, to disclose to a purchaser whether the subject property is in a 100-year or 500-year flood hazard area or in a floodplain as indicated by the official flood maps.
Bill NOT recommended by the Workgroup:
SB693 (Sturtevant) – Prohibited Acquisition of Residential Land; Restrictions; Civil Penalty.
SB693 would have restricted any partnership, corporation, or real estate investment trust that manages funds pooled from investors, is a fiduciary to such investors, and has $50 million or more in net value or assets under management on any day during a taxable year from acquiring any interest in residential land, as defined in the bill, in the Commonwealth and requires registration with the Secretary of the Commonwealth on or after July 1, 2024.
Proponents noted that in some Virginia localities, up to 10% of houses are sold to these investors.
Bills with No Action by the Workgroup:
These bills will resurface in the 2025 General Assembly session and VML continues to speak with the relevant stakeholders on both items.
HB1380 (Runion) – Real Property Tax Assessments for Affordable Housing.
HB1380 would have required that the duly authorized real estate assessor of a locality to appraise affordable rental housing in accordance with the income approach only. If the duly authorized real estate assessor fails to follow generally accepted appraisal practices, the assessment will not be entitled to a presumption of correctness, and if the owner then successfully appeals such an assessment, the locality shall reimburse the owner for attorney fees and costs incurred.
HB1124 (Carr) – Affordable Housing on Religious Property.
HB1124 would have required localities to allow religious organizations to construct affordable housing on their premises with other caveats.
Actions of the Local Land Use and Community Living Workgroup
Bill Recommended by the Workgroup:
HB646 (Coyner) Zoning; Certified Recovery Residences
It would have required that a locality's zoning ordinances for all purposes shall consider a certified recovery residence in which individuals with substance use disorder reside as residential occupancy by a single family. The bill specifies that no conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed on such certified recovery residence.
Also Recommended by the Workgroup:
The Virginia Housing Opportunity Tax Credit code section has a sunset clause 2025 so there has been a request to extend this program and add additional funding (from $60M to $250M) through 2030.
The Urban Public Private Partnership Redevelopment Fund is a section of code that has not been funded in the “near past.” There was support for amending this code section and asking for funding in the form of a budget amendment.
Bill NOT Recommended by the Workgroup:
SB123 (VanValkenburg) – Entering Adjoining Property for Repair, Maintenance.
SB123 would have allowed an owner or lessee of real property who seeks to improve, repair, or maintain his property to petition the circuit court for a license to enter adjoining property for the purpose of performing the improvements, repairs, or maintenance when the property is so situated that it is impossible to perform the improvements, repairs, or maintenance without entering such adjoining property and permission to enter such adjoining property has been denied.
This proposed legislation has been tweaked over the summer and is still not in the final form.
SB721 (Mulchi) / HB1236 (Marshall) – Local Government Actions Related to Comprehensive Plans.
SB721 and HB1236 attempt to address localities using the comprehensive plan during the site plan/subdivision review process, to place timelines on review of these plans, and to make sure that during the review process additional requirements aren’t added on subsequent reviews. (For example: To avoid having the fire department provide comments on the first review before adding more stringent comments on the second review). Because the bill is so large and does not incorporate other legislation that passed in the 2024 General Assembly Session there will be new drafts of “small bills” attempting to resolve these issues.
VML Contact: Michelle Gowdy, mgowdy@vml.org
Freedom of Information Advisory Council hears testimony at a meeting that wasn’t a meeting!
The Freedom of Information Advisory Council (FOIA Council) met on Wednesday, but in another sense, they also did not meet because they didn’t have a quorum. As such, on Wednesday the FOIA Council took testimony but could not take any action.
A summary of the items discussed is available here >.
Please note that the discussion on SB324 (Roem) in the summary includes fees and a new proposed way to calculate FOIA fees. VML would appreciate any feedback our members care to provide on this proposal. The FOIA Council has not endorsed this idea, but the concept could be introduced by a legislator in the next session.
There was also a discussion on a request by the Virginia Association of Counties for a workgroup in the summer of 2025 dealing with emergency situations and “relaxing the rules” so that communication can be consistent and appropriate. Again, due to the lack of a quorum there was no action taken.
The FOIA Council won’t meet again until after the 2025 General Assembly session.
VML Contact: Michelle Gowdy, mgowdy@vml.org
Health & Human Services
Commission on Youth adopts custody relief and youth support recommendations
Making referrals to a local Family Assessment and Planning Team (FAPT), standardizing pre-hearing reviews and finding ways to publicize information about community services and options for parents who might otherwise consider filing a petition for relief of custody were among the recommendations adopted by the Virginia Commission on Youth (VCOY) during its Nov. 25 meeting in Richmond.
See the full set of recommendations addressing relief of custody and its impact on youth on the VCOY website here >.
The Commission worked throughout the summer and fall on the myriad issues regarding relief of custody and its impact on youth.
Some of the recommendations would require amendments to the Code of Virginia, including:
- Standardizing a pre-hearing investigation by requiring a local department of social services to, at a minimum, compile a comprehensive report on a child and family. The Virginia Department of Social Services (VDSS) would create a report template. The report would include a history of physical and behavioral health, education, and service needs, including those in use or previously offered to the child and family. The potential use of a family partnership meeting would also be included as an option.
- Requiring a local DSS to refer a family to the local FAPT during an investigation of a petition for relief of custody to see if Children’s Services Act (CSA) services would be appropriate to help with family issues that could lead to a petition for relief of custody. Such a referral would not interfere with, nor delay, a petition for relief of custody.
- Clarifying that children in need of services are eligible for CSA parental agreements. This is an issue the CSA’s State Executive Council addressed earlier this year and supported updating outdated Code language that was getting in the way of such agreements.
The Commission would also ask that the Office of Children’s Services (OCS) work with CSA coordinators and local governments to find ways to publicize community-based services for children and families as well as parental agreements to local partners and agencies as a way to help families before they reach the point of petitioning for relief of custody. OCS has previously developed communication strategies, including videos on its website, to help parents better understand the CSA program.
The Commission also recommended requesting that VDSS work with local social services to compile and make available to all local departments best practices between departments and judges around relief of custody. VDSS would also be asked to work with local departments and local law enforcement leadership to develop and distribute best practices information about alternatives to relief of custody for use with families in crisis.
Bills would be introduced for the 2025 General Assembly session. Other recommendations would be communicated by letter from the commission chair to departments.
VML Contact: Janet Areson, jareson@vml.org
Joint Commission on Health Care approves recommendations, delays action on others
The Joint Commission on Health Care (JCHC) approved an array of recommendations from its 2024 studies on Nov. 26, and delayed action on some other proposals until the Commission’s next meeting on Dec. 17 to allow for additional data gathering and fiscal analysis.
Complete information on the Commission’s 2024 studies and reports may be found on its website here>.
On the study of mobile health clinics, the Commission voted to adopt options including:
- Introduce legislation to direct the Board of Pharmacy to work with Department of Behavioral Health and Developmental Services (DBHDS) to develop a process for opioid treatment programs to receive permission and waivers to allow dispensing of opioid use disorder treatment medications from mobile units. (Note: DBHDS is in the process of adopting regulations to license providers for mobile narcotic treatment programs).
- Require the Department of Housing and Community Development to report to the Commission regarding current gaps in broadband access for mobile health clinics and make these clinics a priority for broadband adoption programs as part of the Department’s broader initiative to support other telehealth adoption programs.
On the study of community paramedicine, the Commission voted to adopt options including:
- Direct the Department of Health’s Office of Emergency Medical Services (OEMS) to report to the JCHC in 2025 regarding the status of draft regulations related to community paramedicine and mobile integrated health care, including the feasibility of integrating telehealth services at the scene of an emergency.
- Introduce a budget amendment to establish a pilot program to be administered by the OEMS to help local governments establish community paramedicine and mobile integrated healthcare programs.
- Introduce legislation directing the Department of Medical Assistance Services (DMAS) to seek federal approval to allow local EMS providers to receive supplemental reimbursement for uncompensated costs related to transfer of Medicaid patients.
On the study of telehealth, the Commission’s adopted recommendations included:
- Introduce a budget amendment to cover salary/benefits for a new telehealth coordinator position at the Virginia Department of Health.
- Direct BDHDS to work with stakeholders to develop/disseminate best practice educational training for providers n how to conduct telehealth visits for patients with physical, intellectual, and developmental disabilities.
- Direct the Virginia Board of Education to require local school divisions to consider policies to allow student access to telehealth services during the school day.
- Require the Department of Corrections and the Board of Local and Regional Jails to give JCHC an update by Oct. 1, 2025, on the status of telehealth policies, opportunities to expand telehealth programs, and strategies to reduce gaps or barriers to telehealth in state and local correctional facilities.
VML Contact: Janet Areson, jareson@vml.org
Natural Resources
Legislation in development would pre-empt land for solar installations
The Commission on Electric Utility Regulation has been meeting this year to consider how the 2025 General Assembly session might refine implementation of the Virginia Clean Economy Act. Multiple news outlets have reported on recent discussions surrounding proposed legislation including “Proposed board would advise localities on large solar projects” (Cardinal News) and “State legislators consider new solar project requirements” (Virginia Public Media).
Furthermore, recent meetings of the Commission indicate interest in some legislative proposals that would pre-empt local authority to make land use decisions regarding electric generation. Current draft proposals include creating a statewide board that would have the authority to overturn local land use decisions at the behest of developers for solar projects larger than 20 megawatts.
VML members localities should be aware that local authority to make land use decisions is likely to play a significant role in the 2025 session of the Virginia General Assembly. Members are encouraged to speak with their local legislators and share any concerns regarding the pre-emption of local land use authority.
VML will continue to monitor this issue as it develops and keep our members appraised of these proposals as they are introduced as legislation for consideration by the General Assembly in 2025.
VML Contact: Mitchell Smiley, msmiley@vml.org
Transportation
CTB hears updates on continuing recovery from Helene
At a meeting of the Commonwealth Transportation Board (CTB) this week, attendees heard updates on the impact and recovery from Hurricane Helene. Immediately following Hurricane Helene, 414 roads and 99 bridges were closed in Virginia. As of this week, 7 roads and 4 bridges remain closed. About 1.5 miles of Route 58 are expected to remain closed for the foreseeable future as crews work to rebuild the roadbed after the previous road and bed were destroyed by floodwaters.
The debris removal is expected to take 3-6 months to clear while road restoration may take longer given extent of damage to roadways and bridges. VDOT crews continue to work to restore access and reconnect roads and bridges impacted by the storm. Secretary of Transportation Shep Miller indicated the work will continue until roads and bridges are fully restored.
Current estimates put the total financial impact to VDOT at close to $132 million. This cost is being covered using existing funds. According to reports at the CTB meeting, federal reimbursement may take as long as 3 years.
VML Contact: Mitchell Smiley, msmiley@vml.org
VTRANS adoption delayed by CTB until January
The Commonwealth Transportation Board (CTB) this week delayed action on the VTRANS draft vision, principles and goals to its January meeting.
This draft proposal, if adopted, will apply to future SMART SCALE rounds and will be phased-in for future applications cycles.
View the draft proposal here >.
The proposed changes to the goals section of VTRANS in particular is worthy of careful review and consideration by VML’s member localities to determine how new goals will impact future applications for funding under SMART Scale.
Members are strongly encouraged to reach out to members of the Commonwealth Transportation Board or the staff of the Office of Intermodal Planning and Investment with questions or to express concerns about the draft vision, principles and goals being considered.
VML Contact: Mitchell Smiley, msmiley@vml.org
Opportunities
OAA webinar December 12: Mobile Treatment Programs
Many cities and counties in Virginia are considering options to provide or expand mobile healthcare services that include a focus on connecting people with treatment for substance use disorders and associated health risks. On December 12, the Opioid Abatement Authority (OAA) will host a special Abatement Academy session highlighting exactly how one community in Virginia has successfully launched that kind of program.
Piedmont Community Services serves the counties of Franklin, Henry, and Patrick as well as the City of Martinsville. In cooperation with these jurisdictions Piedmont received funding from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to purchase a custom-made mobile health vehicle (pictured below) that provides mobile services to residents across the region.
Learn from Ms. Monica Flora, Piedmont’s mobile MAT program manager, the details of how this program works. She will describe the history of the project, how it works, staffing, budget, and lessons learned.
Register here >.
OAA Contact: Tony McDowell, tmcdowell@voaa.us
Applications now open for NCL’s 2025 All-America City Awards
The National Civic League is thrilled to announce that applications are now open for the 2025 All-America City Award! Since 1949, this prestigious award has celebrated communities that harness civic engagement, collaboration, inclusivity, and innovation to address local challenges.
This year’s theme, "Strengthening Environmental Sustainability through Inclusive Community Engagement," highlights communities committed to environmental sustainability. The League is looking for communities that actively involve residents, businesses, and government stakeholders in efforts to combat climate change and enhance community well-being.
Important dates to remember: Optional letters of intent are due by December 30, 2024, with final applications due by February 27, 2025. In March 2025, 20 finalists will be announced and invited to participate in the second stage of the competition in Denver, CO, from June 27-29, 2025. There, communities will present their efforts to a jury of experts for a chance to earn the title of All-America City! Don’t miss this opportunity to showcase your community on a national stage!
For more details, download the 2025 application.
NCL Contact: Rebecca Trout, rebeccat@ncl.org