eNews

 

These legislative updates supplement the status reports from the week of Feb. 15 posted in the regular Feb. 19 edition of eNews.

 

Environmental Justice bills advance towards floor

SB1318 (Hashmi) and HB2074 (Simonds) are the two primary environmental justice bills that are still active in the General Assembly and appear headed towards conference. Depending on which chamber’s version prevails, the impact on localities could be significant. The House version includes a significant local mandate in the form of comprehensive plan considerations related to environmental justice. We are concerned that this new requirement will slow down comprehensive plan reviews. The legislation is still working its way to the floor in each chamber and will likely head to conference early next week.

This legislation is the result of recommendation from the Environmental Justice working group that was assembled in 2020 at the direction of the previous General Assembly. Senator Hashmi’s legislation as introduced (and now incorporated into HB2074) establishes an interagency working group comprised of state agency appointees to examine how environmental justice principles can be incorporated into the work of each agency with no direct impact on localities.

Delegate Simond’s bill as introduced (and now incorporated into HB2074) proposes a similar working group but also includes a new local mandate that requires localities consider environmental justice principles during “each review” of the locality comprehensive plan. The stated goal is to identify objectives or policies that will reduce the impact on “fenceline and environmental justice communities” which are defined as communities that are either a community of color or a low-income community in proximity to permitted activities that pose a hazard to public health.

Support HB2074 as amended

VML believes that while the goal of Delegate Simond’s introduced bill is laudable, the mandate related to local comprehensive plans is the not the correct place to achieve the desired results. We believe that Senator Hashmi’s introduced legislation, which has now been incorporated into HB2074 since crossing over into the Senate, is the preferable legislation. We encourage members to support HB2074 as amended.

Contact information for Senators and Delegates as well as “Email All” options are available on VML’s website here >.

VML Contact: Mitchell Smiley, msmiley@vml.org

 

Elections bills round-up

After a particularly active session for elections-related bills, here is where items impacting VML members currently stand.

Voting Access Bills:

• HB1810 (VanValkenburg): Establishes protocols in the event of failure of the state’s online voter registration system. This was inspired by the accidental cutting of electrical lines on the last day of voter registration prior to the November 2020 election.
  • Status: HB1810 passed the Senate Friday.
• HB1888 (VanValkenburg): Addresses accessibility and transparency issues relating to absentee voting, including requiring that officer of election begin processing absentee ballots before the close of polls; requiring prepaid postage; establishing standards for absentee ballot drop boxes; and establishing procedures for registration for the permanent absentee voter list.
  • Status: A substitute version of HB1888, adding language regarding marked ballots for voters with visual impairments or print disabilities (see SB1331, below), passed the Senate Friday.
• HB1890 (Price)/SB1359 (McClellan): The Voting Rights Act of Virginia effectively establishes preclearance requirements for all localities before implementing changes to local election procedures, requiring a 90-day public comment process or a 60-day preclearance application process from the Office of the Attorney General. These bills also establish civil penalties for registrars, electoral board members, and officers of election in the event of errors in the implementation of elections.
  • Status: HB1890 has been rereferred to Senate Finance, while its Senate companion, SB1395, has been signed by the House Speaker.
• HB1921 (Price): Makes curbside voting a less complicated process for voters requesting physical accommodations. Previously, a voter or their representative would have to physically enter a polling place to request curbside voting.
  • Status: HB1921 passed the Senate Friday.
• HB1968 (Bagby): Gives local registrars the option of offering early in-person voting on Sundays as well as Saturdays.
  • Status: HB1968 passed the Senate Friday.
• HB2125 (Lopez): Allows eligible Virginia residents ages 16 and 17 to preregister to vote.
  • Status: HB2125 passed the Senate Friday with a delayed enactment clause, which, if agreed to by the House, will give the bill an effective date of October 1, 2022.
• SB1097 (Favola): Removes the requirement for a witness signature on absentee ballots.
  • Status: SB1097 is currently on the House floor.
• SB1157 (Spruill): Requires that all local elections be held in November.
  • Status: SB1157 has been signed by the House Speaker.
• SB1245 (Deeds): Establishes further requirements regarding drop boxes and absentee ballots, including the development of security standards for drop boxes and requiring that any absentee ballot deposited in a drop box prior to the date of an election be contacted in the event of any errors that would render the ballot invalid.
  • Status: SB1245 is on the House floor.
• SB1331 (Reeves): Expands voting accessibility for voters with visual impairments or print disabilities.
  • Status: SB1331 is on the House floor.

Referenda and Constitutional Amendments:

• HJ555 (Herring): Restores voting rights to persons convicted of a felony. As a reminder, constitutional amendments must pass the General Assembly two sessions in a row before they are presented to voters in a referendum.
  • Status: HJ555 has been agreed to by the Senate with a grammatical substitute.
• SB1109 (Stanley): Calls for a statewide referendum to allow the state to issue general obligation bonds to fund school facility modernization projects.
  • Status: SB1109 was rereferred to House Appropriations on the Feb. 10.

Other Bills:

• HB2198 (Convirs-Fowler): Requires that only voters who live within district or ward boundaries may vote for a candidate whose eligibility is ward- or district-based.
  • Status: HB2198 is on the Senate floor and was passed by for the day Friday.
• SB1148 (Kiggans): Moves the date of June primaries from the second Tuesday in June to the third Tuesday in June, on the grounds that fewer students would be in school by the new date.
  • Status: SB1148 is on the House floor.

VML Contact: Jessica Ackerman, jackerman@vml.org

In this issue:

Budget

• Plateful of spending and tax issues await budget conferees

The Week in Legislation

• Bills that met their fate this week!

Health & Human Resources

• Action on HHR bills this week

Opportunities

• “If I Were Mayor” Essay Contest for 7th graders deadline is March 1
• Invitation for law enforcement professionals to participate in panel discussions
• Grant training opportunities coming in March

 

Budget

Plateful of spending and tax issues await budget conferees

Size of tax relief pits House and Senate budget packages against each other

This week Gov. Ralph Northam shook up the budget conference before it could even officially begin. His communication to the General Assembly’s money committees that an additional $730.2 million ($410.1 million in FY21 and $320.1 million in  FY22) would be available provoked an outburst of cries and clamoring for more spending, more tax relief, and more deposits to the state’s cash reserves.

A closer look: Part 1

For those who attended VML’s January 11 budget overview, you may remember the PowerPoint slide that the Deputy Secretary of Finance, Joe Flores, presented on the ups and downs of the 2020-2022 biennial revenue forecast. That slide has been updated to reflect the Northam Administration’s mid-session forecast. The chart shows that this week’s new revenue numbers still leave the Commonwealth some $700 million to $800 million below the revenue estimates adopted by the General Assembly in March of 2020.

A closer look: Part 2

It is important to examine the basis for Gov. Northam’s revenue revisions. The governor’s letter to the money committees also included an explanation of the changes.

There are four assumptions driving the revenue changes:

1. There has been no significant change to the national economic outlook since the December forecast was released.
2. Sales tax model was updated to include all three quarters of 2020 sales tax data during the pandemic – including a robust holiday shopping season.
3. All other changes reflect “money in the bank” adjustments, meaning the revisions are based on actual deposits and not on projections.
4. The revision recommends no change to individual income taxes as there are numerous unknowns on taxpayer behavior for filing, when vaccination efforts for COVID-19 become more widespread, when significant rehiring may begin, and whether non-wage income gains last year will continue through this year. In addition, job growth in the Commonwealth remains anemic.

It is also important to realize that the increases in tax collections include sources usually considered by state revenue officials as “volatile”, meaning the amounts fluctuate from year to year. These volatile revenues include non-withholding income taxes, corporate income taxes and recordation taxes. Non-withholding collections are 28.5 percent higher than last year’s collections. The official estimate called for a 4.4 percent increase. But the revised revenue forecast does not include this revenue source.  Corporate income tax collections are 39.3 percent greater than last year’s collections at this point and well-ahead of the 19.9 percent official estimate. Recordation taxes are 37.5 percent greater than last year’s collections and almost three-times greater than the 13.6 percent official revenue estimate.

Sales taxes are considered more reliable by the state’s forecasters and are the only revenue source acknowledged in the FY22 revisions. Collections are up 6.5 percent. The estimate predicted a 2.6 percent annual decline. That is a spread of over 9 percent.

What happens next?

Action shifts today from the money committees to the House and Senate floors. The objective is to meet today’s deadline set by the General Assembly on the first day of Session to move the budget bill and the revenue bills conforming the state tax code with federal statutes to conference. Floor action will focus on rejecting the other body’s amendments, insisting on their own versions of the budget and revenue bills, and requesting that the bills go to conference. It is likely to be a long legislative day.

Budget amendments to support/oppose

The tables linked below identify the House and Senate budget amendments that VML members may want to contact their delegations to support or oppose.

• Budget Amendments Adopted by House
• Budget Amendment Adopted by Senate

Please note, the tables are not all inclusive. For example, neither the House nor the Senate proposed additional funding for the 599 program.

VML staff will provide more detailed information early next week.

VML Contact: Neal Menkes, nmenkes@vml.org

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The Week in Legislation

Bills that met their fate this week!

SB1384 (Surovell) Virginia Public Procurement Act; local arbitration agreements. Allows a participating locality, for any procurement solicitation or contract exceeding $10,000 for goods and services, to require the bidder or offeror to disclose certain information regarding pre-dispute arbitration clauses, defined in the bill, in employment, civil rights, and consumer disputes, and provides that a locality may consider the policies and practices related to arbitration of each bidder and offeror. The bill also provides that a participating locality shall require the bidder or offeror to provide written or electronic submissions to allow the locality to ascertain (i) whether the bidder or offeror requires persons with whom it is in a work relationship or prospective work relationship to sign or otherwise enter into a contract containing a pre-dispute arbitration clause that would cover an employment or civil rights dispute and (ii) whether the bidder or offeror requires consumers to sign or otherwise enter into a contract containing a pre-dispute arbitration clause that would cover a consumer or civil rights dispute as a condition of purchasing products or services, downloading mobile applications, or using websites. The bill authorizes a participating locality to cancel, terminate, or suspend, in whole or in part, the contract of any contractor that has violated a provision of the bill and to declare the contractor ineligible for further contracts with such locality for up to five years.

Status: This bill failed to report.

HB1996 (Murphy) Virginia Public Procurement Act; determination of responsibility; local option to include criteria in Invitation to Bid. Allows localities to include in the Invitation to Bid criteria that may be used in determining whether any bidder, not just any bidder who is not prequalified by the Virginia Department of Transportation as under current law, is a responsible bidder.

Status: This bill was passed by indefinitely.

SB1171 (Norment) State and Local Government Conflict of Interests Act; disclosure requirements; industrial development authorities and economic development authorities. Requires the executive director and members of each industrial development authority and economic development authority, as created by the Industrial Development and Revenue Bond Act, in a locality with a population in excess of 25,000 or in a region serving more than one locality that, in the aggregate, has a population in excess of 25,000 to file a Statement of Economic Interests (SOEI) with the clerk of the local governing body as a condition to assuming office and thereafter annually on or before February 1. Current law requires all executive directors and members of industrial development authorities and economic development authorities, as created by the Industrial Development and Revenue Bond Act, to file a SOEI.

Status: This bill was laid on the table.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Health & Human Resources

Action on HHR bills this week

House Appropriations reported a substitute for SB1302 (McPike) which would designate the crisis call center called for in the Marcus Alert law (2020 special session) and administered by the Department of Behavioral Health and Developmental Services (DBDHS) as the 9-8-8 Crisis Hotline Center as part of the National Suicide Prevention Lifeline. The call center would comply with federal rules/guidelines, as would the community care teams and mobile crisis teams responding to calls.

The funding source would come from an increase in wireless E-911 surcharges and prepaid wireless E-911 charges. The patron told the committee that he worked out potential issues with the Federal Communications Commission (FCC) to ensure that Virginia would not lose grant funding from using the E-911 surcharge increase as a funding source for this program.

The committee also reported SB1328 (Mason) which would create a state Kinship Guardianship Assistance program to facilitate child placements with relatives and fictive kin to ensure permanency for children. The bill sets eligibility criteria for the program, requirements for kinship guardianship assistance agreements, and payment allowances to kinship guardians. Funding would come through the Children’s Services Act (CSA), which means that the state and local governments would pay the cost of the program.

Senate Education and Health Committee reported HB1963 (Bagby) which sets into the Code of Virginia the long-established state-local cooperative health budget formula, including the local match floor and ceiling (18 and 45 percent).  It would also require VDH to biennially review the local matching fund amounts and determine if adjustments were necessary because of changes to a locality’s revenue generation capacity. This information would be reported to the Governor and General Assembly.

House Education Committee reported SB1313 (Mason) and the Senate passed a substitute to HB2117 (VanValkenberg) that conformed it to SB1313. These are the now-identical bills that set out the rules for the time-limited use of Children’s Services Act (CSA) funds in public school special education settings and set up a process for a workgroup to develop a plan to transfer private day special education funds from CSA to the Virginia Department of Education. The workgroup would include local government representation.

Senate Finance and Appropriations reported a substitute for HB1989 (Aird), which calls for the Virginia Department of Health (VDH) to set up a system to share with local emergency medical services (EMS) agencies real time information about confirmed cases of a communicable disease related to a public health emergency. The committee added an enactment that would allow this to go forward only if federal grant funding through the CDC is obtained and is sufficient to fund the costs for VDH to establish and implement the system and pay a year’s worth of operational costs.

Senate Rehabilitation and Social Services reported HB2065 (McQuinn), which would require the Virginia Department of Social Services and Department of Medical Assistance Services to convene a work group to develop a plan for a three-year pilot Produce Rx program to create incentives for greater consumption of qualifying fruits and vegetables by eligible individuals whose health care provider recommends such consumption. A report on the workgroup’s activities and elements of its plan would be due Oct. 1, 2021, to the House and Senate budget committees.

House Rules reported SJR293 (Spruill) that would request the Joint Commission on Health Care to study data regarding assisted living and auxiliary grants and develop a blueprint for implementing recommendations that will allow for a more realistic system of addressing housing and care needs.

Governor Ralph Northern signed into law HB2333 (Bagby) and SB1445 (Dunnavant) from the 2021 regular session that requires the Department of Health to establish a program to enable eligible health care providers to volunteer to administer the COVID-19 vaccine to Virginia residents during the state of emergency declared by the Governor. The bill defines health care providers; directs creation of a registration process for these volunteers; sets training requirements related to vaccine administration; and requires VDH to establish a process by which entities, including medical care facilities, hospitals, corporations, businesses, pharmacies, public and private institutions of higher education, localities, and other entities, may volunteer their facilities as vaccination sites. It also authorizes public and private higher education institutions to volunteer the use of their employees, students, technology, and facilities to VDH and local health departments for data processing, analytics, and program development related to the COVID-19 vaccine. Finally, the bill permits localities with fire departments, emergency medical services departments, and volunteer rescue squads to establish and staff vaccine administration clinics.

VML Contact: Janet Areson, jareson@vml.org

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Opportunities

“If I Were Mayor” Essay Contest for 7^th graders deadline is March 1

VML encourages all eligible 7^th graders to submit their essays before the March 1^st deadline for the chance to win up to $250, a plaque and recognition in our magazine.

Let your local middle school know about this great opportunity!

Every year, the Virginia Municipal League (VML) is pleased to award deserving 7^th grade essayists across the Commonwealth with a cash prize, an official plaque, and recognition. If you know of a 7^th grade class from a member locality that should participate, send this link to a teacher or principal:

2021 “If I Were Mayor” essay contest description and instructions here >

This year’s theme is “What I’ve Learned” and we are asking students to tell us what has worked for them, and what hasn’t, during a school year like no other.

Read the full description here >

Prizes and recognition

Regional winners selected from around the state will each receive a $150 cash prize and plaque. One statewide winner chosen from the regional winners will receive a $250 cash prize and plaque. The runner-up from the region that receives the statewide award will become that region’s winner.

Winning essays will be featured in the May issue of VML’s magazine Virginia Town & City.

How to enter

All entries must be received by end of day on Monday, March 1^st. There are 2 ways to submit your entry:

Fill out and submit our online form available here >

You can do this yourself or you can have your teacher or someone else help you. Copy and paste your essay into the “Essay” box in the form. After VML receives your entry, your teacher will get a confirmation email.

OR

Mail your essay with a filled-out paper entry form (see back of this flyer) attached to:

VML, Attn: 7th Grade Essay Contest
P.O. Box 12164
Richmond, VA 23241

Who is eligible?

Any 7^th grade student living and/or attending school in a VML member locality (Full list available here).

VML Contact: Rob Bullington, rbullington@vml.org

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Invitation for law enforcement professionals to participate in panel discussions

VML partner organization Polco has begun hosting a weekly panel conversation with local government leaders around the challenges of engagement during COVID. These have proven successful in gathering, and sharing perspectives, ideas, and creative solutions with other leaders in local government.

Recently, the group initiated weekly panel conversations focused on understanding and managing community expectations on local police service delivery. Each panel, held every Tuesday, includes three leaders in local law enforcement. Three topics are discussed:

1. What role should the community play in guiding or influencing the delivery of local police services?
2. What strategies do you use for managing community expectations?
3. What tools and methods do you use to understand residents’ expectations and priorities regarding local police services?

The intent is to gather perspectives and share them with others facing the same challenges.

VML encourages any leaders in law enforcement who might like to participate on one of the panels to let us know and we will help facilitate your involvement.

VML Contact: Rob Bullington, rbullington@vml.org

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Grant training opportunities coming in March

The Metropolitan Washington Council of Governments, Grant Writing USA and other regional partners are offering two online training opportunities in March with discounts available for officials and staff from VML member localities.

Step #1: Write a Successful Proposal and Find the Funding

March 9-10, 2021, 9:30 – 4:30 ET

Attend this two-day grant writing workshop and you’ll learn how to find grants and write winning grant proposals.   Beginning and experienced grant writers from city, county and state agencies as well as nonprofits, K-12, colleges and universities are encouraged to attend.

Virginia Municipal League members and their staff are eligible for a special tuition rate of $425 which includes two days of terrific instruction and downloadable class materials in PDF format. Please use the discount code “ASSN” to receive this $30 discount off full price at registration.

Registrants have unlimited access to on-demand replays through April 9, 2021. Full details and registration are here.

Step #2: Learn the Current Grant Management Guidelines Stay in Compliance, Survive an Audit

March 30-31, 2021, 9:30 – 4:30 ET

This two-day grant management workshop is for grant recipient organizations across all disciplines. Attend this class and you will learn how to stay in compliance with pre-COVID and new grant management requirements. This class is suitable for beginning and experienced grants administrators.

Virginia Municipal League members and their staff receive a special tuition rate of $565. Please use code “ASSN” to receive this $30 discount off full price at registration. This program includes downloadable class materials in PDF format.

Registrants have unlimited access to on-demand replays through April 30, 2021. Full details and registration are available here.

Attend both classes and receive $70 off your combined tuition. Groups of 5 or more receive a $50 discount per person.  Discounts for Grant Writing USA alumni, nonprofits, and some associations are available.

Checks, cards, and purchase orders are welcome. City, county, and state agencies have 30 days after the live class to pay.

Grant Writing USA Contact: Janet Darling, janet@grantwritingusa.com

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Oppose HB2198 in Senate Privileges and Elections tomorrow

HB2198 (Convirs-Fowler) proposes to require that any locality with ward-based residency requirements for candidates running for local office only be elected by voters residing in that same district or ward.

VML stands with the City of Virginia Beach in opposing this bill.

Talking points:

• VML has been unable to identify any locality other than Virginia Beach that would be affected by this legislation.
• HB2198 proposes to preempt an anticipated ruling in a pending federal case originally filed in 2017 regarding Virginia Beach’s hybrid council electoral system. Delegate Convirs-Fowler has testified as a witness in this case.
• Localities ought to have the opportunity to work with their own residents to determine the best format for their own elections.

VML encourages its members to oppose HB2198 when it appears before the Senate Privileges and Elections Committee tomorrow afternoon.

Register to attend here >.

Members of the Senate Privileges and Elections Committee:

• Deeds (Chair)
• Howell
• Vogel
• Reeves
• Ebbin
• Ruff
• Spruill
• Peake
• McDougle
• Surovell
• Mason
• McClellan
• Boysko
• Bell
• Dunnavant

VML Contact: Jessica Ackerman, jackerman@vml.org

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• eNews: Action Alert – Feb. 15, 2021   Oppose HB2198 in Senate Privileges and Elections tomorrow HB2198 (Convirs-Fowler) proposes to require that any locality with ward-based residency…
• eNews – Special Edition – February 15, 2021 Budget amendments of interest to local governments On Friday, February 12, Senators and Delegates finished the first leg of the…
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