eNews – September 25, 2026
Review draft policy and legislative documents before annual business meeting, Property tax exemption workgroup meets, FOIA Council updates...and more!
Friday, September 25, 2026/Categories: eNews
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In this issue:
VML
Finance
Technology
FOIA
Transportation
VML News Board – Recent Posts
VML
Draft policy documents posted; please review before the annual business meeting
The proposed changes to VML's five policy statements and the preliminary legislative program are now available.
The draft policy statement for each committee is posted to its page:
The draft Proposed 2027 VML Legislative Program Items document is posted to the Legislative Program page here >.
The policy statements and the legislative program will be presented and voted on by the VML membership during the annual business meeting on October 12, 2026 at the Annual Conference in Norfolk. Each full member locality has one vote at the annual business meeting.
NEW FOR 2026: In the past, VML has printed copies of the documents for the business meeting. However, few members used those documents. To save paper this year, hard copies of the documents will not be available at the business meeting. To facilitate your review, VML will provide handouts with a QR code for each document. These handouts will be included in your conference packet when you check in.
VML Contact: Janet Areson, jareson@vml.org
Annual Conference guest/spouse workshop: Please sign up by September 30
VML is offering a special event for guests and spouses who are attending the conference. This year, guests and spouses can sign up to take part in a Scented Oil Candle Workshop hosted by local Norfolk artisan Sunkissed by Kel. The workshop will take place in a dedicated room of the Norfolk Waterside Marriott on Monday, October 12, from 1pm - 3pm (following lunch in the main dining hall).
- What is included? Participants will be guided through the process of making their own unique scented candle (a perfect holiday gift!). Also included are wine, soft drinks, and coffee, as well as sweet and savory treats.
- Can I take my candle with me? The finished candles will be ready to pick up first thing on the morning of Tuesday, October 13.
- Do I need to sign up ahead of time? Yes. Because of the materials involved, we need to submit the number of attendees by September 30.
- Where can I learn more? Information about the workshop is available on Sunkissed by Kel's website here >.
The special rate for the Scented Oil Candle Workshop at the VML Annual Conference is $65 and includes everything outlined above.
If you would like to add the workshop to your existing registration, please send an email to Rob Bullington at the address below by September 30.
VML Contact: Rob Bullington, rbullington@vml.org
Finance
Property tax exemption work group meets in Richmond
Last Wednesday, September 16, 2026, the Virginia Department of Taxation (TAX) convened what is likely to be the only meeting of the work group “to review the cost of mandatory property tax exemptions for disabled veterans and their spouses.”
The cost of exempting these properties from local taxation as required by law and the constitution is increasingly eroding the tax base of communities across the Commonwealth, forcing local elected officials to make difficult fiscal choices for their constituents. The most recent budget included language establishing a work group to:
- review and collect data on the cost of the exemption and implications to localities;
- detail changes to the exemption and the impact of those changes to localities;
- evaluate legislation previously introduced by the General Assembly on these exemptions; and,
- provide any recommendations to the General Assembly on these mandatory property tax exemptions.
Except for the last item (i.e., recommendations), staff from the TAX department began to address these items at the meeting. TAX provided useful background on the program, detailed the trends in cost to localities, explained changes to expand eligibility for the program as well as proposals to reimburse localities for the cost of this unfunded mandate. TAX detailed significant growth in the program since its inception, pointing out that the increase in 2026 approached 20 percent. The presentation also included a review of similar programs in other states and guardrails other states have implemented to arrest growth in those jurisdictions.
A link to TAX’s presentation can be found here >.
Mary Bunting, the city manager for Hampton, represented VML at the meeting, and did an excellent job explaining the cost of the exemption to Hampton and the budget trade-offs that must be made as a result. She also reinforced the need to change how the program is financed to ensure its sustainability not only for local government but for disabled veterans and their families as well. Bunting also highlighted the cost of the tax exemption in Hampton Roads that equates to 5.5 cents on the local property tax levy for nearly 31,000 enrollees in that region alone.
City Manager Bunting concluded her testimony by stating, “We look forward to working with you to find a solution that protects the benefit our disabled veterans have earned while creating a more sustainable partnership between the Commonwealth and its localities.”
Separate testimony was offered by Stafford County officials and several Commissioners of the Revenue with the latter detailing the administrative complexities of the program that could be alleviated with better coordination with Virginia’s Department of Veterans Services, as appropriate.
Fully reimbursing localities for the cost of this unfunded mandate that is projected to exceed $400 million is probably infeasible. However, it is instructive to point out that the Commonwealth currently provides roughly $85 million annually to Virginia’s higher education institutions to offset a portion of the cost of providing free tuition for eligible participants in the Virginia Military Survivors & Dependents Education Program. According to money committee staff, this program is also growing exponentially, putting considerable fiscal pressure on Virginia’s colleges and universities as well as students and families that also subsidize the cost of this tuition benefit for veterans and their families.
Your input is needed!
The TAX department is in the process of collecting data from localities to better understand the impact on individual communities. Those comments should be addressed to Mr. Bing Yee at Bonding.Yee@tax.virginia.gov.
Although the deadline for submitting comments was extended to today (Friday, September 25), submissions provided soon after the deadline will likely be considered. Your submissions are strongly encouraged!
VML Contact: Joe Flores, jflores@vml.org
VASAP Commission accepts final report of work group
On Friday, September 18, 2026, the Commission on the Virginia Alcohol Safety Action Program (VASAP) held its latest quarterly meeting. At the meeting, Dr. James Burke with TEOconsulting, presented the final report of the legislatively mandated work group, examining the “Long-term Sustainability of Virginia Local Alcohol Safety Action Programs” to the VASAP Commission.
Then on Wednesday of this week, the work group held its final meeting. What was strange about the timeline is that the final meeting of the work group was scheduled a few days after the VASAP Commission accepted the report. If that sounds backwards, it is. It is customary for a work group to weigh in on any final report before it is transmitted for approval. But that wasn’t the case in this instance.
This last gathering of the work group focused on “next steps and implementation”, an important issue but outside the scope of the VASAP report. Ironically, the last meeting of the work group was probably the most productive of the three meetings that were held.
As a reminder, the work group was convened to assess the “sustainability of the structure and funding model” for VASAP, including:
- A review of funding models for similar programs in other states.
- Factors affecting funding sustainability of the program, including fees and funding sources for the program.
- Factors affecting operational stability of the system of local alcohol safety action programs (ASAPs).”
Unfortunately, the report failed to address many of the fundamental questions VML and VACo have been asking since the original legislation was introduced when it was asserted that urgent legislative action was necessary to sustain local ASAPs. In fact, the report suggests that no such urgency exists.
The questions VML specifically asked include:
- How much funding will be required from each local ASAP?
- How long will that support be mandated?
- When will local governments be notified how much they are required to contribute?
Those questions went unanswered. In fact, data was unavailable to review the revenues and expenditures for individual ASAPs to assess the sustainability of funding for these entities.
Despite the lack of longitudinal data about the health of the finances of local ASAPs, the consultant to the work group concluded that “The statewide system is structurally and financially viable, but long-term sustained stability requires shifting from reliance on participant fees alone to standardized budgets supported by predictable local financial participation beginning in 2028.”
Alternatives resources from general fund revenues to offender fees – that haven’t been raised since 1987 – were not contemplated.
Regarding additional costs that localities may incur because of legislative changes, VASAP staff communicated that there should be “minimal to no local fiscal impact.” Further, regulations posted on the Virginia Regulatory Town Hall suggests that “No net financial burden is imposed on localities.”
A link to the proposed regulation can be found here >. Please review the proposed regulation for additional details about the changes in store for VASAP.
Finally, we were fortunate that Delegate Cousins, the House patron of recent VASAP legislation, was in attendance for the meeting. She indicated that the requirement for local support could be financial or in-kind but would not be requested unless it is necessary to fill a projected gap at a local ASAP.
We have a way to go before the local support requirement goes into effect on January 1, 2028, and the VASAP community has a lot to do before then. In the meantime, we strongly encourage local officials to listen to and learn from your local ASAP so you can determine what is best for your community and your constituents.
VML Contact: Joe Flores, jflores@vml.org
Technology
Governor Spanberger announces comprehensive Data Center Accountability Framework and AI Task Force
On Friday September 18, 2026, Governor Spanberger unveiled a Data Center Accountability Framework that she described as “a detailed, wide-ranging plan for the Commonwealth to give communities transparent information and a voice in local approval, protect Virginians from higher energy bills, and enforce the strongest environmental standards for data centers in the nation.”
At the same time, the governor announced the creation of an AI Task Force to “address the unparalleled risks posed by unregulated AI development while steering AI development in directions that maximize its promise to work in service of Virginians.”
The governor also signed Executive Order 22 to “implement many of the core pieces of her Data Center Accountability Framework and create Virginia’s new AI Task Force to address growing concerns and risks posed by the rapid development of artificial intelligence — including workforce displacement, data privacy, and cybersecurity.”
The timing of the governor’s announcement coincided with internal discussions VML has been having this summer about principles localities should consider regarding data centers. Those conversations began in June with a review of JLARC’s landmark study “Data Centers in Virginia” (completed in December 2024). A link to the report can be found here >.
Further talks culminated in a list of principles, many of which were incorporated or referenced in Governor Spanberger’s plans. These draft principles will remain on hold while VML works to better understand the impact to local government from the changes the administration is contemplating.
The Spanberger Administration indicates that the Data Center Accountability Framework consists of “five essential pillars that data center developers and operators must meet to do business in the Commonwealth”, including:
- Engage Transparently with Communities: Communities must have meaningful, timely information and a genuine role in decisions about proposed data center development. Data center development and existing operations should be transparent, without unnecessary secrecy or limitations on disclosure. Developers should engage early, openly, and in good faith; disclose material impacts; and work with local partners to provide benefits that address community priorities.
- Protect Our Environment: Economic growth must not come at the expense of public health and every Virginian’s right to clean air and water. Data center projects should meet high standards for air quality, water and land conservation, and noise control as well as account for cumulative impacts on nearby communities.
- Improve Affordability for Virginians: Data centers must pay for their fair share of the generation, transmission, distribution, and other public investments their operations require. Virginia’s data center growth and market position should lower – not raise – energy costs for households and other customers.
- Advance Clean Energy and Grid Reliability: Data centers must be active partners in meeting Virginia’s clean energy goals, including by supporting new clean generation, energy efficiency, and flexible demand. Their development should strengthen –
not weaken – grid optimization, resilience, and reliability.
- Deliver a Better Deal for Our Workforce: Responsible data center growth requires durable, broadly shared value for Virginians, including creating and sustaining good jobs that ensure communities can thrive. Data center development should support quality jobs, workforce training, local procurement, infrastructure improvements, and long-term community economic growth.
Under this framework, there are several specific strategies the administration intends to pursue. Some items of note for localities include:
- Data Center Planning and Community Engagement Toolkit - The development of a toolkit for local governments and communities that includes, at a minimum:
- model questions, information requests, and disclosure templates for proposed data-center projects; guidance for evaluating anticipated electricity demand, water use, wastewater management, backup generation, air emissions, noise, traffic, public-service needs, and other material project impacts;
- model approaches for voluntary and enforceable community-benefit agreements; best practices for early, accessible, and good-faith community engagement; and
- recommendations for planning, design, landscaping, buffering, and mitigation practices that reduce adverse impacts on neighboring communities.
- Responsible Development Designation Criteria – The creation of a Virginia Local Energy and Accountable Data Centers designation criteria and implementation plan to improve transparency and understanding of the impacts of different data center developments on Virginia’s economy and communities, positioning Virginia to continue being the nation’s leader in raising the bar for responsible data center development.
As noted earlier, these comprehensive changes will require time to digest. VML will seek additional input from the Spanberger Administration to fully understand the plan the governor announced last Friday to inform our deliberations about recommended principles as we move forward.
VML Contact: Joe Flores, jflores@vml.org
FOIA
FOIA Council hears reports from subcommittees; acts on some items
The Virginia Freedom of Information Advisory (FOIA) Council met on Thursday September 24, 2026. At this meeting, Senator Mamie Locke was elected Chair and Delegate Marcus Simon was elected Vice Chair. The council heard reports from the Meetings, Records, and Remedies subcommittees and acted on several items.
Meetings Subcommittee:
Senator Elizabeth Bennett Parker presented draft language that would require public bodies to post the proposed meeting agenda in the same location as the meeting notice prior to the meeting date. This was unanimously approved as a recommendation of the FOIA council.
HB463 (Cohen), as introduced during the 2026 General Assembly Session, changed the definition of “public meeting” from the current rule of three and changed the physical quorum rules for electronic meetings. HB463 was referred to the FOIA council Meetings Subcommittee. After much discussion, the Meetings Subcommittee brought forward three items for the full council to consider. However, following questions and further deliberations by the full council, the bill was sent back to the Meetings Subcommittee for further discussion.
Records Subcommittee:
Also referred to the FOIA Council by the 2026 General Assembly Session, HB313 (Wachsmann) proposed allowing non-citizens who own real property in Virginia eligible to access all public records under FOIA. Although the Records Subcommittee has deliberated and made amendments, it has yet to make recommendations. As such, the full council did not take any action.
The subcommittee also requested that FOIA Council staff research the definition of “personal information”, the FOIA fee structure in other states, and best practices for AI usage.
Remedies Subcommittee:
The Remedies Subcommittee recommended amending versions of HB159 (Simon) and HB160 (Simon) which were referred to the council during the 2026 General Assembly Session.
HB159 deals with filing petitions for mandamus injunctions. The version amended by the subcommittee was unanimously approved by the council as a recommendation for the 2027 session.
HB160 addresses civil penalties for those who have willfully and knowingly violated certain FOIA laws. No action was taken on this item at the full council meeting as additional stakeholder input was deemed necessary.
VML Contact: Josette Bulova, jbulova@vml.org
Transportation
VDOT work group finalizes recommendations for transmission line siting
HB889 (Shin) and SB497 (Perry), passed by the General Assembly earlier this year, established criteria for siting of high-voltage transmission lines, prioritizing existing linear infrastructure corridors over new. Additionally, the legislation directed the Virginia Department of Transportation (VDOT) to convene a work group of stakeholders to develop recommendations to amend existing regulations and processes governing the siting of new electrical transmission infrastructure in existing state highway rights-of-way.
The work group met multiple times over the summer, discussing the technical aspects of transmission lines and required vegetation, regulations (24 Va. Admin. Code §30-151), planning for transmission lines and highway projects, and the permitting process. These meetings culminated on September 24 with the work group approving recommended regulatory updates.
The next steps in this process include approval by the Secretary of Transportation followed by a report to the House and Senate Committees of Labor and Commerce and Commerce and Labor, respectively.
VML Contact: Jessica Dennis, jdennis@vml.org
VML News Board – Recent Posts
Please check the VML News Board (no password required) for the latest notices and opportunities for local governments, including recently added items such as: