Virginia Municipal League

Building Better Communities Through Sound Government

BETTER COMMUNITIES THROUGH SOUND GOVERNMENT

VML eNews, the newsletter of the Virginia Municipal League, is published every other week except during sessions of the General Assembly. During legislative sessions it is published weekly. The newsletter includes up-to-date information on activities at the state capitol, including the General Assembly, and in the U.S. Congress and within the VML family of local governments.

Editor: Rob Bullington  |  Associate Editor: Manuel Timbreza

eNews

 

This edition of eNews is sponsored by:

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In this issue:

General Assembly

Opportunities & Events

 

General Assembly

Reconvened session? Yes. Budget action? No.

Duly elected members of the Loudoun school board will not see their terms artificially truncated by a year and sales of cannabis products shaped like animals, etc. that may attract children will continue without prohibition (for now) following action by the General Assembly during its reconvened session on April 27.

The General Assembly addressed a full plate of proposed gubernatorial amendments and vetoes affecting bills passed during the regular session which ended in early March. Typically, the reconvened session would include action on gubernatorial amendments proposed to the budget, but this year both the caboose and the new biennial budget remain in a House-Senate conference committee. We do not know when the compromise budget bills will come before the General Assembly for action.

Along with the budget bills, several bills that were sent to a special session that began in early April were not subject to gubernatorial amendments/vetoes and therefore were not taken up either.

Gov. Glenn Youngkin saw all his 26 proposed vetoes of bills upheld by the General Assembly, but not all his 100 or so proposed bill amendments prevailed. Further, SB591 (Hanger), a bill addressing the sale of certain cannabis products that Youngkin extensively amended, was killed by the Senate when members voted to re-refer the bill to a committee that was not going to meet during the course of the reconvened session.

Also of interest yesterday was the House Democratic Caucus vote to remove Minority Leader Eileen Filler-Corn from that position. A vote on who will succeed her in that role will be taken at a future meeting of the Caucus.

VML Contact: Janet Areson, jareson@vml.org

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Action on bills of interest to localities during the reconvened session

Use the links below to review VML staff summaries of actions taken by the General Assembly on bills of interest to local governments.

Health and Human Resources

The Senate rejected the Governor’s amendments:

SB192 (Mason) – Qualifications of local health directors. The bill expands the pool of potential candidates to serve as a local health director. Current law allows only physicians licensed to practice in Virginia; this bill broadens the pool to include individuals with a master’s or doctoral degree in public health and at least three years of full-time experience in a related job and any person deemed qualified by the state health commissioner. The failed amendment would have eliminated the language about the masters/doctoral degree and experience while allowing the commissioner to appoint anyone he/she deemed qualified to serve.

Status: The bill goes back to the Governor, who can sign it without his amendments or veto it. If the Governor vetoes the bill, the veto will stand, and the bill will not become law. If the Governor does not act on the bill within thirty days after the adjournment of the reconvened session, the bill will become law without his signature.

The House failed to override the Governor’s vetoes:

HB1197 (Hope) – Study of placement of Department of Juvenile Justice. The bill would have required the Secretaries of Health and Human Resources and Public Safety/Homeland Security to study the idea of moving the Department of Juvenile Justice from the Public Safety secretariat to the Health and Human Resources secretariat.

Status: The veto was sustained so the study will not happen.

HB1270 (Sickles) – Workgroup study of SNAP applications for inmates prior to release for custody. The bill would have directed a workgroup convened by the Department of Social Services to analyze and develop a proposal to request a waiver from the U.S. Department of Agriculture to allow individuals in the custody of state or local correctional facility to apply for Supplemental Nutrition Assistance Program (SNAP) benefits prior to release from custody.

Status: The veto was sustained so the study will not happen.

VML Contact: Janet Areson, jareson@vml.org

 

Marijuana

The Senate killed the bill with Governor’s proposed amendments:

SB591 (Hanger) – Marijuana product regulations and definition. This bill proposed prohibiting the sale of marijuana products in the shape of humans, animals, vehicles, or fruit and broadening the definition of marijuana to include products with tetrahydracannabinol (THC) concentrations above a certain level which would include products with THC derived from hemp as well as cannabis plants. The Governor offered amendments to SB591 that would have established a new criminal offense for possessing more than 2 ounces of marijuana publicly, redefined marijuana to ban delta-8 THC products, required CBD products only be sold to persons 21 or older and would have directed the Attorney General’s office to enforce some of these provisions while also directing the Cannabis Control Authority to hire law enforcement officers and study regulations in other states necessary for the operation of an adult use recreational market. The amendments and SB591 both failed with the bill being re-referred to back to a committee which will not meet again preventing the passage of the Governor’s amendments and the underlying bill.

Status: During the floor debate in the Senate there was bipartisan interest in continuing to work on this proposal either during the special session the Governor has already convened or during budget negotiations. Comments from Sen. Howell, the lead Senate budget negotiator, tossed cold water on the prospect of addressing marijuana related issues during the already arduous budget negotiation process. While SB591 and the Governor’s amendments failed news that the Governor and the General Assembly are continuing to debate the future of marijuana in constructive terms is perhaps the most noteworthy event this year on this issue.

VML Contact: Mitchell Smiley, msmiley@vml.org

 

Education

The Senate accepted the Governor’s amendment:

HB873 (Greenhalgh) – School resource officer employment. This bill would require a school resource officer to be employed in every public elementary and secondary school. If the school does not employ a school resource officer, then a local law-enforcement officer must receive school safety training and serve as that division’s law-enforcement liaison. Governor Youngkin proposed an amendment to this legislation which clarifies that a law-enforcement liaison will be in a public elementary or high school if a school resource officer is not already employed.

Status: The Governor’s amendment was accepted and will go into effect with the legislation on July 1, 2022.

VML Contact: Josette Bulova, jbulova@vml.org

The Senate rejected the Governor’s amendment:

HB1138 (Reid) – Staggered school board elections for Loudoun County. The bill as approved by the General Assembly outlined the process by which the Loudoun County Electoral Board would create staggered terms for its elected school board beginning in 2023.  It was a proposal supported by the local government and school board. The gubernatorial amendment would have instead shortened the terms of four board members by a year and require a special election in Nov. 2022 to potentially replace those members for the remainder of the term to which they had been duly elected to serve. The House accepted the amendment on party lines; the Senate rejected the amendment. The proposed amendments were the subject of lengthy debate in both chambers regarding the precedent it would create in overturning terms of office of duly elected school board members – and potentially other elected officials – and the constitutionality of such a proposal.

Status: The bill goes back to the Governor, who can sign it without his amendments or veto it. If the Governor vetoes the bill, the veto will stand, and the bill will not become law. If the Governor does not act on the bill within thirty days after the adjournment of the reconvened session, the bill will become law without his signature.

VML Contact: Janet Areson, jareson@vml.org

 

Finance

The Governor’s amendment was adopted:

HB746(Bell) – Volunteer fire department training fund. Delegate Bell’s bill establishes the Volunteer Fire Department Training Fund, with the funds to be dedicated to assisting or reimbursing volunteer fire departments or volunteer fire companies with the costs of training and certifying volunteer firefighters. The House of Delegates included $25,000 in each year from the general fund for their proposed FY2023-2024 budget (Item 419 #1h).

The bill also directs the Secretary of Public Safety and Homeland Security to establish a workgroup to “study the accessibility and availability of training programs with a specific focus on providing training programs to volunteer fire departments, volunteer fire companies, and volunteer firefighters in a cost-efficient and effective manner.”

Status: Governor Youngkin’s amendment was adopted by the General Assembly and the legislation will go into effect on July 1, 2022. Given Secretary Mosier’s background in local law enforcement, VML is encouraged that he will establish a workgroup pursuant to HB746 that includes local government voices at the table.

HB911(Orrock) – Local option to provide credit against taxes & fees to volunteers. Delegate Orrock’s bill permits any county, city, or town to provide a credit against local taxes and/or fees imposed by that locality to individuals who provide approved volunteer services in the locality. The bill specifies that the credit shall not be applied against any property taxes or payments in lieu of property taxes.

Critically, the bill gives localities the discretion to determine which taxes or fees are permissible uses of the credit and which services the locality wants to make eligible for such credit.

Status: Governor Youngkin’s amendment was adopted by the General Assembly and the legislation will go into effect on July 1, 2022.

VML Contact: Carter Hutchinson, chutchinson@vml.org

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Opportunities & Events

Broadband Together Conference – May 18-19 in Richmond

Local government leaders and staff are encouraged to attend this two-day conference highlighting important opportunities, developments and trends happening with broadband in Virginia. Attendees will hear from state and national legislators, industry experts, and educators on the topics that matter most to local governments, including how the expansion and adoption of broadband in the Commonwealth will affect:

  • Workforce Issues
  • Economic Development
  • Reaching the Unserved
  • Home Ownership and Valuation
  • Smart City and Smart Home Creation
  • …and much more!

A full agenda and event registration/hotel information are available here >.

This event will be held at the Hilton Short Pump and is hosted by the Virginia Municipal League, the Virginia Association of Counites, and the Broadband Association of Virginia.

VML Contact: Rob Bullington, rbullington@vml.org

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Webinar: “Handling Contentious Issues and Potential Disruptions at Council/Board Meetings”

The Virginia Municipal League is pleased to be a co-sponsor of George Mason University’s Regional Elected Leaders Initiative upcoming spring 2022 governance webinars.

These webinars are designed for elected leaders currently serving in public office and local government staff.

The topic of both webinars is “Effectively Managing Council/Board Meetings: Handling Contentious Issues and Potential Disruptions.”

Facilitated by the Hon. Jay Fisette.

Register for free now!

Webinar #1 – NOVA Focused Panel: Friday, May 6: 12–1:15

  • Babur Lateef, Chair, Prince William School Board
  • Phyllis Randall, Chair, Loudoun County Board of Supervisors
  • Roger Wiley Esq., Legal Counsel, Virginia Municipal League

Webinar #2 – Virginia-Wide Panel: Friday, May 20: 12–1:15

  • D. Michael Barber, Mayor, Town of Christiansburg
  • James Coleman, Chair, Lynchburg City School Board
  • Katie Cristol, Chair, Arlington County Board
  • Walter Erwin, Esq., Retired Attorney for the City of Lynchburg

Key questions addressed in both webinars…

  • How have political polarization and citizen activism appeared in Council/Board rooms?
  • What strategies have others used to effectively manage their meetings?
  • Is Roberts Rules of Order an obstacle to managing disruptions or a useful tool?
  • What are the powers of the presiding officer?
  • What are your options in setting the rules for public comment?
  • Are there Codes of Conduct or agreements that help member-to-member dynamics stay civil?
  • What role do professional staff play when meetings are contentious?

VML Contact: Rob Bullington, rbullington@vml.org

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Commonwealth Transportation Board regional meetings coming in May

The Commonwealth Transportation Board (CTB) is conducting public meetings through May 12 2022 on the FY2023-FY2028 Six Year Improvement Program (SYIP) which will be adopted in June. A good overview of the draft FY23-28 SYIP from the most recent CTB meeting can be found here >.

Meeting materials including overviews of the Commonwealth’s state of good repair program, the statewide bridge repair formula, a list of projects greater than $25 million, and other materials regarding plans for transportation projects included in the Six Year Improvement Program that are the subject of the 2022 meeting including how to comment online can be found here >.

Meetings will be held in person at the following locations:

Monday, May 2
4:00 pm
Staunton District
Blue Ridge Community College
Plecker Center
1 College Lane
Weyers Cave, Virginia 24486

Tuesday, May 3
4:00 pm
Lynchburg District
Virginian Hotel
712 Church Street
Lynchburg, Virginia 24504

Wednesday, May 4
5:30 pm
Northern Virginia District
Northern Virginia District Office
Potomac Conference Room
4975 Alliance Drive Fairfax, Virginia 22030

Monday, May 9
4:00 pm
Hampton Roads District
Hampton Roads District Auditorium
7511 Burbage Drive
Suffolk, Virginia 23435

Wednesday, May 11
4:00 pm
Bristol District
Southwest Virginia Higher Education Center
One Partnership Circle
Abingdon, Virginia 24210

Thursday, May 12
4:00 pm
Salem District
Holiday Inn Valley View
3315 Ordway Drive NW
Roanoke, Virginia 24017

More information about the meetings and resources is available here >.

VML Contact: Mitchell Smiley, msmiley@vml.org

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National Civic Review spring edition now available

Communities succeed when they leverage the power of civic engagement and take collaborative approaches to local challenges such as the lack of affordable housing. This issue of the National Civic Review borrows some old ideas—organizing local civic leagues and publishing local monthly newsletters—and explores some newer ones— community-oriented real estate development and the use of public housing agencies to promote literacy.

To access this edition, go to the table of contents where you will be prompted to enter your unique access code: VML22.

VML Contact: Rob Bullington, rbullington@vml.org

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VML now accepting entries for 2022 Innovation Awards

It’s time again to celebrate local government achievements!

It’s time again for our local government members to spotlight programs and individuals that have made a big difference by creating innovative solutions to address emerging needs.

Award-winning projects typically demonstrate innovative ways of delivering services, addressing community needs, or significantly improving an existing service.

One winning project from the category winners will be selected for the top prize – the coveted President’s Award!

All entries must be received via e-mail by 5:00 p.m., Monday, Aug. 15, 2022. The awards will be presented at VML’s Annual Conference in Richmond in October.

More details and a link to the official entry form are available here >.

VML Contact: Manuel Timbreza, mtimbreza@vml.org

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Get published in VML’s magazine! Tell us about your favorite outdoor recreation location in Virginia

For our 2022 “Virginia You Love” magazine issue this summer we want our readers to tell us their perfect place to have fun outside. It could be a favorite hiking trail or the stadium bleachers of the hometown ball team. Perhaps you can be found in a mountain lake with family or at the dog park with your furry friend. Maybe you like the challenges of long fairways and fast greens or the peace and quiet of a bench under a shady tree. Vita courses, ropes courses, pump tracks, brewery decks…Wherever, whatever, we want to hear about it!

Have your place featured in our magazine!

If you tell us about your favorite place for outdoor fun, we will put it on the list of possible places to feature in the July/August issue of Virginia Town & City. You can nominate any place you like…just so long as it’s outdoors and in Virginia.

It’s super easy to participate

Learn more and complete the short online survey here >.

VML Contact: Manuel Timbreza, mtimbreza@vml.org

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This edition of eNews is sponsored by:

Our customers are our number one priority, and we are proud to deliver clean, safe, reliable and affordable water and wastewater services. Read more >

In this issue:

Finance

Transportation and Natural Resources

Health and Human Services

General Government

Education

Announcements

Opportunities

 

Finance

Amended legislation affecting local revenue

Volunteer fire department training fund created

HB746 (Bell) – Delegate Bell’s bill would establish the Volunteer Fire Department Training Fund, with the funds to be dedicated to assisting or reimbursing volunteer fire departments or volunteer fire companies with the costs of training and certifying volunteer firefighters. The House of Delegates included $25,000 in each year from the general fund for their proposed FY2023-2024 budget (Item 419 #1h).

The bill also would direct the Secretary of Public Safety and Homeland Security to establish a workgroup to “study the accessibility and availability of training programs with a specific focus on providing training programs to volunteer fire departments, volunteer fire companies, and volunteer firefighters in a cost-efficient and effective manner.”

Amendment takeaway: The Governor’s amendment to HB746 is technical and uncontroversial.

Local government takeaway: Volunteer fire departments play a critical role in keeping localities safe across the Commonwealth. Given Secretary Mosier’s background in local law enforcement, VML is encouraged that he will establish a workgroup pursuant to HB746 that includes local government voices at the table.

Local option to provide credit against taxes & fees to volunteers

HB911 (Orrock) – Delegate Orrock’s bill would permit any county, city, or town to provide a credit against local taxes and/or fees imposed by that locality to individuals who provide approved volunteer services in the locality. The bill specifies that the credit shall not be applied against any property taxes or payments in lieu of property taxes.

Amendment takeaway: Governor Youngkin amended this bill on April 11, but his amendments were technical and should not change implementation of the legislation

Local government takeaway: Critically, the bill gives localities the discretion to determine which taxes or fees are permissible uses of the credit and which services the locality wants to make eligible for such credit.

VML Contact: Carter Hutchinson, chutchinson@vml.org

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Enacted legislation affecting local revenue

Accommodations intermediaries: Changes and a workgroup

SB651 (Vogel) – This bill was signed by Governor Youngkin on March 11th. The bill requires accommodations intermediaries to collect sales and occupancy taxes and remit them to the Department of Taxation or a locality, as applicable, eliminating the requirement to remit any portion to the hotel. The bill also requires that in a transaction involving multiple parties that may be considered accommodations intermediaries, such parties may agree that one party shall be responsible for collecting and remitting the taxes. In such an event, the party that agreed to collect and remit such taxes will be the sole party liable for the tax. The bill also requires intermediaries to submit to a locality each month the property addresses and gross receipts for all accommodations facilitated by the intermediary in such locality. The bill makes other definition changes.

Local government takeaway: The substantive provisions of SB651 and its previously-enacted House cognate (HB518 – Head) have a delayed effective date of October 1, 2022. Importantly, SB651 directs the Department of Taxation to “convene and facilitate a work group to examine the processes currently used to collect local transient occupancy taxes and make recommendations for improving the efficiency and uniformity of those processes.”

The bill specifies that the workgroup “shall include one representative of the Commissioners of the Revenue, one representative of the Treasurers, one representative of counties, one representative of cities and towns, two representatives of the hotel industry, and two representatives of accommodations intermediaries as defined in § 58.1-602 of the Code of Virginia, as amended by this act.” Finally, the bill stipulates that the Department of Taxation “shall prepare and submit a report of the work group’s findings and recommendations to the Chairmen of the House Committee on Finance and the Senate Committee on Finance and Appropriations no later than October 31, 2022.”

VML will keep members informed as we participate in the workgroup and its deliberations.

Separate local property tax classification for used vehicles

SB771 (Stuart) – SB771 was signed into law by the Governor on April 11 and is identical to HB1239 (Scott, P.) which was signed into law on April 22. The bills would create a new class of tangible personal property for rate purposes. This class would include most automobiles, passenger trucks, motor vehicles with specially designed equipment for use by the handicapped, motorcycles, mopeds, all-terrain vehicles, and off-road motorcycles, campers, and other recreational vehicles. Localities would have the option to assign a rate of tax or rate of assessment to this class different from the rate applicable to the general class of tangible personal property.

Local government takeaway: SB771 and its House cognate – signed by the Governor a month ago – would grant localities the authority to lower the personal property tax rate for used vehicles. While responding to circumstances created by market forces (higher used car prices), the bills are not a mandate and permit local flexibility to tailor a solution that best fits a given locality.

VML Contact: Carter Hutchinson, chutchinson@vml.org

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Transportation and Natural Resources

Amended transportation and natural resources bills that affect localities

Recently, Governor Youngkin amended legislation that:

  • Affects the Transit Ridership Incentive Program,
  • Establishes a civil penalty for non-electric vehicles parking in electric vehicle charging spots
  • Includes federally recognized Native American tribes among entities eligible for grants from the Virginia Land Conservation fund.
  • Exempts transit bus sales from state licensing requirements contrary to federal regulations.
  • Establishes a fund to administer grants to assist local governments and other political subdivisions complete projects to improve local resiliency projects.

A synopsis of each bill and the Governor’s amendments is below.

HB142 (McQuinn) / SB342 (Barker) – Transit Ridership Incentive Program. This legislation increases the percentage of funds that can be directed to reduced or free transit rides from a maximum of 25 percent of the fund to a minimum of 25 percent of the fund.

Amendment takeaway: The Governor’s amendments add a sunset date of July 1, 2024 to the provisions of this bill.

HB450 (Bennett-Parker) – Establishes a civil penalty for non-electric vehicles parking in electric vehicle charging spot.

Amendment takeaway: The Governor’s amendments reduce the civil penalty from $50 to $25 and includes plug in electric vehicles not in the process of charging to the types of vehicles that may be fined for parking in an electric vehicle charging spot.

SB31 (Marsden) – Expands the category of entities that may receive grants from the Virginia Land Conservation fund to include federally recognized Native American tribes.

Amendments takeaway: The Governor proposes amendments to narrow the types of entities that can receive grants from the fund to only public entities or tribes.

SB281 (Ebbin) – Exempts transit bus sales from state licensure requirements in accordance with federal regulations.

Amendment takeaway: The Governor proposes amendments to clarify that the buses being sold are transit buses.

SB756 (Lewis) – Establishes the Resilient Virginia Revolving Loan Fund which will administer grants to localities and other political subdivisions of the Commonwealth for the purpose of improving resiliency in communities around Virginia.

Amendment takeaway: The Governor’s amendments propose expanding the how grants can be used to include obligations placed on properties or buildings that are acquired using grants from the fund.

VML Contact: Mitchell Smiley, msmiley@vml.org

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Vetoed transportation and natural resources bills that affect localities

The Governor has vetoed four bills which would have:

  • Increased solid waste disposal fees.
  • Established a penalty for non-electric vehicles parking in electric vehicle charging spots.
  • Prohibited large trucks from using cruise control or compression brakes during inclement weather.
  • Allowed localities in Northern Virginia to prohibit vehicles from parking on, or straddling, the curb.

In vetoing these bills, the Governor citied concerns with the financial burdens they would place on Virginians and concerns that creating new laws without a means of enforcement is inappropriate.

A further explanation of each bill and corresponding veto is below.

SB250 (Surrovell) – Increases nonhazardous solid waste fees based on the recommendations of a work group convened during 2021 to find ways to increase funding for the Department of Environmental Quality with the goal of reducing staffing shortages and permitting backlogs. SB250 passed the Senate 24-16 and passed the House 67-30.

Veto takeaway: Governor Youngkin stated as his rationale for vetoing SB250 legislation that he wants to protect Virginians from rising costs and citing specifically that the “burden of increased costs this would place on Virginians is too great, especially given the record budget surpluses of the Commonwealth and the accelerated inflation that everyday Virginians are experiencing”

SB278 (Ebbin) – Proposes a civil penalty for non-electric vehicles parking in electric vehicle parking spots. SB278 passed the Senate 33-7 and the House 67-30. SB278 is identical to HB450 (Bennett-Parker) which the Governor is returning to the General Assembly with amendments.

Veto takeaway: The Governor notes in his veto that there is no need to sign given his “recommended amendments to House Bill 450 that accomplish the same purpose of this bill.”

SB706 (Marsden) – Prohibits heavy trucks with a gross weight greater than 26,000 pounds from using cruise control or compression brakes in inclement weather. SB706 passed the Senate 24-15 and passed the House 94-4.

Veto takeaway: The Governor stated that this bill was introduced with the intention of providing more tools to prevent another crisis like the January 3, 2022, winter storm that closed Interstate 95 and stranded motorists and trucks. Governor Youngkin noted in his veto statement that a recently released report of the January 3 incident did not find that cruise control or compression brake use by heavy trucks contributed to the events that led to the closure of Interstate 95. The Governor also notes this bill does not include an enforcement mechanism and that the “Code of Virginia should not be littered with traffic provisions that law enforcement is not authorized to enforce.”

SB722 (Marsden) – Authorizes localities in Planning District 8 to prohibit a vehicle from parking with wheels that are on the curb or straddling the curb and be subject to a fine or removal at the direction of law enforcement. SB722 passed the Senate 22-17 and passed the House 72-26.

Veto takeaway: Governor Youngkin stated that he viewed this bill as overly punitive given the significance of the proposed infraction which would create “needless fines and towing charges levied on drivers in Northern Virginia without any public safety or transportation benefit.”

VML Contact: Mitchell Smiley, msmiley@vml.org

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Health and Human Services

Amended health and human services bills affecting local governments

HB229 (Coyner) – Directs the Department of Health to collect and analyze information, including demographic data, regarding social determinants of health and their impact on health risks and health outcomes of residents of the Commonwealth and post information on its website.

Amendment takeaway: The proposed amendment would remove the requirement to post strategies for improving health and health risks related to demographics and social determinants.

HB717 (Filler Corn) – Provides that an unaccompanied homeless youth shall be deemed an adult for the purpose of consenting to housing, including emergency shelter, and establishes requirements for providers of housing, including emergency shelter, for unaccompanied homeless youths. Directs the Board of Social Services to adopt regulations for implementation of the bill and directs the Department of Social Services to establish a work group to make recommendations to the Board regarding such regulations and recommendations regarding authorizing unaccompanied homeless youth to consent to medical care.

Amendment takeaway: The proposed amendment puts a reenactment clause on the bill, meaning the bill would have to be approved again by the 2023 General Assembly.

SB4 (Sutterlein) / HB158 (Byron) – Identical bills dealing with emergency services and disaster law, limiting the duration of any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than 45 days from the date of issuance. The bill provides that if the General Assembly does not take any action on the rule, regulation, or order within the 45 days during which the rule, regulation, or order is effective, the Governor shall thereafter be prohibited from issuing the same or a similar rule, regulation, or order relating to the same emergency. Under current law, once issued, such executive orders are effective until June 30 following the next regular session of the General Assembly.

Amendment takeaway: The Governor has proposed an amendment in the nature of a substitute to this bill, which reduces the duration of the executive orders.

SB192 (Mason) – Amends the qualification requirements for local health directors to allow individuals with a master’s or doctoral degree in the area of public health and at least three years of professional, full-time experience in the field, or who is otherwise qualified for the position as determined by the Commissioner of Health. Currently, only a person who is a physician licensed to practice medicine in the Commonwealth may be a local health director. If a local health director is not a physician licensed to practice medicine and there is no licensed physician on staff, the local health director shall enter into a consulting agreement with a licensed physician to execute prescribing duties, etc.

Amendment takeaway: The proposed amendment would remove the language regarding the ability of someone with a master’s or doctoral degree to be appointed as a local health director. It leaves in the language allowing the commissioner to determine if an individual who is not a licensed physician to be considered qualified to serve as a local health director.

VML Contact: Janet Areson, jareson@vml.org

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Vetoed health and human services bills affecting local governments

HB669 (Hope) – Directs the Commissioner of Health to convene a work group to study whether swimming pools and other water recreational facilities for public use or use in conjunction with a tourist facility or health spa should be regulated by the Department of Health. Report due by Nov. 1, 2023.

HB1197 (Hope) – Directs the Office of the Secretary of Public Safety and Homeland Security and the Office of the Secretary of Health and Human Resources to convene a work group to determine the feasibility and benefits of transferring responsibility for the Department of Juvenile Justice from the Secretary of Public Safety and Homeland Security to the Secretary of Health and Human Resources. Report due Nov. 1, 2022.

HB1270 (Sickles) – Directs the Department of Social Services to convene a work group to analyze and develop a proposal to request a waiver from the U.S. Department of Agriculture to allow individuals in the custody of state or local correctional facilities to apply for Supplemental Nutrition Assistance Program (SNAP) benefits prior to release from custody. Report is due by Nov. 1, 2022.

VML Contact: Janet Areson, jareson@vml.org

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General Government

Amended bills that affect local government operations

SB9 (Petersen) – Eminent domain; payment of judgment; attorney fees. Provides for attorney fees to be awarded in eminent domain cases in which there is a judgment for a property owner if such judgment is not paid within the time required by law.

Amendment takeaway: The proposed change is a clarification about the applicability of the legislation to ensure that it applies to actions taken under Title 25.1 and 33.2 of the Virginia Code.

SB666 (Petersen) – Eminent domain; lost profits. Removes the current law’s requirement that the landowner’s tax returns be used to show the amount of lost profits.

Amendment takeaway: The proposed changes include an enactment clause making it clear that pending certificates/petitions are not impacted.

SB694 (Obenshain) – Eminent domain. Lost access is redefined to be limited to pedestrian and vehicular access and, more importantly, will include any loss of access that diminishes value is compensable. The bill allows for claims for lost profits and lost access in inverse condemnation cases where the event is giving rise to the claim last 7 days or more. The bill removes the requirement that the property directly adjoin a public street to be able to sue for lost profits and lost access.

Amendment takeaway: The Governor proposes to conform the language in the bill related to Title 33.2 (usually VDOT) to the bill language related Title 25.1 (most locals use). He also clarifies that this legislation is not applicable to the taking or damage of property that has occurred prior to July 1, 2022, or a condemnation proceeding filed prior to July 1, 2022.

HB307 (Freitas) – Virginia Freedom of Information Act; estimated charges. Provides that a public body subject to the Virginia Freedom of Information Act shall make all reasonable efforts to supply records requested by a citizen at the lowest possible cost. The bill also requires a public body, prior to conducting a search for records, to notify the requester in writing of the public body’s right to make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for requested records and inquire of the requester whether he would like to request a cost estimate in advance of the supplying of the requested records.

Amendment takeaway: The proposed change would remove property records requested by the owner of the property that is the subject of such records from the types of records that you cannot charge for.

HB277 (Coyner) / SB622 (Favola) – Recovery residences; disclosure to potential residents that residence is certified. This bill states that a certified recovery residence shall be considered the same as a residential occupancy by a single family for purposes of conditions that can be imposed if there are 50 square feet per bed per sleeping room. There are also provisions about the credentialing of these facilities.

Amendment takeaway: The Governor proposed minor amendments dealing with the square footage requirements to bed and sleeping rooms.

HB384 (Davis) – Administration of government; rights of state and local employees; freedoms of conscience and expression. Protects state and local government employees of the Commonwealth, defined in the bill, from being penalized by their employer for expressing their opinion regarding a current or proposed regulation, rule, policy, position, or other action or purpose of a unit of state or local government at a hearing of a public body during the time designated for public comment when such employees are speaking on their own behalf as members of the public.

Amendment takeaway: The proposed substitute bill removes the ability of state government employees to exercise the rights under this legislation at a unit of state government hearing.

SB741 (Surovell) – Facial Recognition Technology; authorized uses; penalty. Allows police departments to use certain facial recognition technology in criminal investigations, subject to significant state regulation.

Amendment takeaway: The proposed changes add detail about the model policy that the state is to create.

*HB1339 (Leftwich) – the companion House bill was continued to special session.

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Vetoed bills that affect local government operations

SB286 (Ebbin) – Required disclosure for buyer to beware; buyer due diligence; historic districts. Adds a survey of the property to the list of materials that a purchaser of the property can review as part of exercising whatever due diligence the particular purchaser deems necessary with respect to a historic district designated by the locality.

Veto takeaway: The Governor’s veto explanation stated that the language is unnecessary. (Note: The Governor vetoed 9 of Ebbin’s bills)

HB802 (Price) – Virginia Residential Landlord and Tenant Act; enforcement by localities. This would have allowed a locality, under certain circumstances, to bring an action to enforce a landlord’s duty to maintain a rental dwelling unit in a fit and habitable condition.

Veto takeaway: The Governor’s veto message indicates that, in the Governor’s view, the bill duplicates localities’ powers under the Uniform Statewide Building Code.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Education

Amendment to school resource officer bill

Over the course of the 2022 General Assembly Session, several pieces of legislation regarding school construction, modernization, education, and taxation were introduced. Unfortunately, only half of the introduced legislation passed the General Assembly.

On April 11th, the Governor proposed an amendment to HB873 (Greenhalgh).

This bill requires a school resource officer to be employed in every public elementary and secondary school. If the school does not employ a school resource officer, then a local law-enforcement officer must receive school safety training and serve as that divisions law-enforcement liaison.

Amendment takeaway: Governor Youngkin’s amendment to HB873 clarifies that a law-enforcement liaison will be in a public elementary or high school if a school resource officer is not already employed.

Of the remaining education bills before the General Assembly, three items are in conference awaiting action and further deliberations. VML will continue to update our members on these issues as the conference reports are released.

VML Contact: Josette Bulova, jbulova@vml.org

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Announcements

Winners of 2022 “If I Were Mayor” state essay contest announced

The Virginia Municipal League (VML) announced today the statewide winner and seven regional winners of the “If I Were Mayor” Essay Contest. The contest, hosted by VML, drew hundreds of entries from seventh graders throughout the state. The challenge to the students was to identify an issue in their locality, talk to others about possible solutions, and then identify what solution would best address the issue.

The winners are:

  • Statewide winner: Charlotte Lieu of Mary Ellen Henderson Middle School in Falls Church
  • Region 1: Olivia Wyatt of Northwood Middle School in Saltville
  • Region 2: Jordin Hernández Machuca of Martinsville Middle School in Martinsville
  • Region 3: Elizabeth Loring of Sacred Heart Academy in Winchester
  • Region 4: Kailey Krotzer of Kenston Forest School in Blackstone
  • Region 5: Rose Weatherly of Mary Ellen Henderson Middle School in Falls Church
  • Region 6: Haley Lumpkin of Culpeper Middle School in Culpeper
  • Region 8: Sophia Buckley of Hugo A. Owens Middle School in Chesapeake

Note – VML did not receive any entries from Region 7 this year.

Thanks to everyone who entered and congratulations to all the winners!

Read the full press release here >.

VML Contact: Rob Bullington, rbullington@vml.org

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Opportunities

Broadband Together event coming May 18-19 in Richmond

Hosted by VML, The Broadband Association of Virginia, and the Virginia Association of Counties, this “Conference to Connect Virginia” will be held at the Hilton Short Pump, May 18-19.

Topics to be discussed include:

  • Broadband Legislative Recap
  • Broadband and Economic Development
  • Broadband Affordability and Adoption
  • How Broadband Affects Home Ownership
  • Broadband Technology and Innovation
  • …and more!

The full agenda, room booking, and event registration information are all available here >.

VML Contact: Rob Bullington, rbullington@vml.org

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AASHTO offering free transportation project management training webinars beginning April 21st

The American Association of State Highway and Transportation Officials (AASHTO) Technical Committee on Project Management is launching free quarterly project management webinars. Each will be 50 minutes long and provide varying perspectives from across the country on a wide range of topics that center around sharing challenges and solutions that increase efficiency and productivity in the management of transportation projects.

The first offering will be Thursday April 21 at 3:00 pm EST.

Learn more and register here >.

VML Contact: Mitchell Smiley, msmiley@vml.org

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VML now accepting entries for 2022 Innovation Awards

It’s time again to celebrate local government achievements!

It’s time again for our local government members to spotlight programs and individuals that have made a big difference by creating innovative solutions to address emerging needs.

Award-winning projects typically demonstrate innovative ways of delivering services, addressing community needs, or significantly improving an existing service.

One winning project from the category winners will be selected for the top prize – the coveted President’s Award!

All entries must be received via e-mail by 5:00 p.m., Monday, Aug. 15, 2022. The awards will be presented at VML’s Annual Conference in Richmond in October.

More details and a link to the official entry form are available here >.

VML Contact: Manuel Timbreza, mtimbreza@vml.org

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Get published in VML’s magazine! Tell us about your favorite outdoor recreation location in Virginia

For our 2022 “Virginia You Love” magazine issue this summer we want our readers to tell us their perfect place to have fun outside. It could be a favorite hiking trail or the stadium bleachers of the hometown ball team. Perhaps you can be found in a mountain lake with family or at the dog park with your furry friend. Maybe you like the challenges of long fairways and fast greens or the peace and quiet of a bench under a shady tree. Vita courses, ropes courses, pump tracks, brewery decks…Wherever, whatever, we want to hear about it!

Have your place featured in our magazine!

If you tell us about your favorite place for outdoor fun, we will put it on the list of possible places to feature in the July/August issue of Virginia Town & City. You can nominate any place you like…just so long as it’s outdoors and in Virginia.

It’s super easy to participate

Learn more and complete the short online survey here >.

VML Contact: Manuel Timbreza, mtimbreza@vml.org

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This edition of eNews is sponsored by:

 

We provide the most comprehensive array of coverages for local governments to make sure you are taken care of, no matter the need. In addition, we specialize in customized risk management programs designed specifically for each member based on claims/risks. Read more >

In this issue

General Assembly

Budget

Education

Transportation

Alerts & Resources

Events

Opportunities

 

General Assembly

2022 Special Session: If you blinked, you missed the first part!

The General Assembly met for a Special Session Monday April 4th. Here’s what you need to know:

  • The General Assembly approved rules for the special session
  • There is no indication that any progress on the budget has been made.
  • No legislation or conference reports carried over from the regular session were acted upon.
  • The House and Senate recessed and will provide at least 48 hours of notice prior to reconvening again.

The General Assembly was called into Special Session by Governor Youngkin on Monday April 4th. The only action to transpire during this brief opening portion was the approval by the House and Senate of a procedural resolution HJ6001 which sets the rules for how the General Assembly will operate and which issues can be considered during the Special Session. HJ6001 requires 48 hours of notice prior to either chamber reconvening as well as 48 hours of notice prior to either chamber considering the budget conference report.

The adopted procedural resolution limits the scope of legislation that can be considered during the 2022 Special Session. Legislation that can be considered is limited to:

  • Conference reports continued from the 2022 regular session (this includes both the House and Senate budgets)
  • Legislation sent to the General Assembly by the Governor
  • Elections of judges
  • Appointments subject to General Assembly confirmation
  • Procedural rules
  • Commending or memorial resolutions

After some deliberations about the rules, each chamber passed HJ6001 and then recessed to allow conference committees to continue working to resolve outstanding issues most notably those related to the new biennial budget. House Appropriations Chairman Barry Knight (R-Virginia Beach) assured the House of Delegates that budget conferees were closer to agreement than has been reported in the press and asked for more time to continue negotiations with Senate budget conferees. However, it remains unclear when a conference report might be released for the budget.

A summary of outstanding budget items of particular interest to local governments is included in this edition of eNews.

VML staff will continue to update members on the status of the new budget.

VML Contact: Mitchell Smiley, msmiley@vml.org

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Budget

A recap of priority budget items for local governments

It has been over a month since budget conferees were announced with lots of work yet to be done!

Below are links to articles that discuss items of major interest to local governments still under consideration by the budget conferees. Please review these items and mention to your delegation members that these items are still critical for your local government. It’s important to make legislators aware of local impacts event if your delegation members are not on House Appropriations or Senate Finance and Appropriations committees.

Note – For those interested in a comprehensive list of budget amendments, VML has created a chart of 2022 Budget Amendments (HB/SB 29) and a chart of 2023-2024 (HB/SB 30) Budget Amendments that matter to local governments.

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Meet the conferees

As a reminder, the conferees are:

House Appropriations

  • Barry D. Knight(R – Virginia Beach)
  • Terry L. Austin(R – Botetourt)
  • Robert S. Bloxom, Jr. (R – Accomack)
  • Emily M. Brewer(R – Isle of Wight)
  • Luke E. Torian(D – Prince William)
  • Mark D. Sickles(D – Fairfax County)

Senate Finance and Appropriations

  • Janet D. Howell(D-District 32)
  • Richard L. Saslaw(D-District 35)
  • Thomas K. Norment,(R-District 3)
  • Emmett W. Hanger, Jr. (R-District 24)
  • Louise Lucas(D-District 18)
  • Stephen D. Newman(R-District 23)
  • George L. Barker(D-District 39)
  • Mamie E. Locke(D-District 2)

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The Grocery Tax and the budget: A revenue replacement story

Governor Northam’s outgoing budget, released in December 2021, eliminated the 1.5 percent state sales tax on groceries. Northam’s proposal continued a bipartisan legislative effort that is decades old. In 1999, the G.A. and Governor Gilmore reduced the state sales tax on groceries from 3.5 percent to 3 percent; in 2005, Governor Warner and the G.A. reduced that rate to 1.5 percent where it stands today.

The Department of Taxation (TAX) recently estimated that groceries comprise about 20 percent of total sales in Virginia. TAX estimated that Northam’s proposal to eliminate the remaining state sales tax on groceries would reduce annual sales tax revenues by about $400 million.

The revenue cut could impact a vital source of funding for Virginia’s public schools that dates to the 1960s: the 1 percent state sales tax distribution to localities for K12. To prevent this funding cut to schools, Northam proposed full replacement to localities and their school divisions. The replacement funding would follow the current method that is based on the proportion of the local school-aged population to the Commonwealth as a whole.

Senate and House budgets

The Senate endorsed Northam’s approach, exempting groceries from the 1.5 percent state sales tax. At the encouragement of local governments, the Senate Finance and Appropriations Committee (SFAC) reported a grocery tax repeal bill SB451 (Boysko) that would codify the K12 revenue replacement distribution in state law (again, based on school-aged population as currently required).

The House of Delegates passed HB90 (McNamara) which exempted groceries from the state sales tax, as proposed by Northam. Importantly, HB90 would also exempt groceries from the local option 1 percent sales tax (another revenue reduction of about $275 million annually to local governments).

The House bill contains a revenue replacement mechanism for K12 funding that is similar to SB451. To replace the 20 percent reduction to local general budgets, the House has proposed appropriating state general fund dollars through a mechanism outlined in HB90 that would be codified.

Will local revenue be lost? They say no, but they always say no.

It is relatively easy for the state to estimate the statewide ratio of groceries to total taxable sales and utilize that ratio to pay back local school divisions based on their school-aged population. Largely, that is what you see contained in HB90 and SB451 and VML supports this method.

It is trickier to replace lost grocery revenue from the local 1 percent sales tax because the ratios of groceries to total local taxable sales vary by locality across the Commonwealth. The grocery sales ratios in each locality also likely shift over time as consumer behavior changes.

Since HB90 would replace the local sales tax revenue by appropriation, instead of through a comparable flexible source of revenue, the General Assembly will be making hundreds of educated guesses on behalf of local governments. And it will be hard to undo.

VML supports exempting groceries from sales taxes so long as local budgets are repaid. If the G.A. chooses to act on the local 1 percent sales tax, VML asks that it commit in the legislation to annually reviewing the repayment distributions to ensure their continued accuracy, particularly on behalf of Virginia’s fiscally distressed local governments.

VML Contact: Carter Hutchinson, chutchinson@vml.org

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K-12 Education budget items to support

Data collection tool for K-12 school facilities (Item 135 #1s). Both SB238 and HB563 would create and establish a data collection tool to accurately determine the relative age and maintenance needs of every public K-12 school in the Commonwealth. While there are bills on both sides, only the Senate budget includes funding for the Virginia Department of Education to perform the data collection process. ($132,932 for both FY23 and FY24).

The funding would help VDOE:

  • Create a data reserve bank
  • Determine the actual need of school facilities across Virginia
  • Help the State allocate funds to the division most in need

Instructional aide positions (Item 137 #2s). Instructional aide positions are critical for helping students and teachers in K-12 public schools. During the Great Recession, a “temporary” support cap was placed on instructional aide positions in an effort to save the state money.

More than 10 years later, this “temporary” support cap is still in place, so currently only 17.5 instructional aide positions per 1,000 ADM are funded by the Standards of Quality (SOQ). The need for instructional aide positions has grown, not decreased over these years. Without adequate state funding, localities are paying significantly more than they should be for a position covered by the SOQ.

Item 137 #2s in the Senate budget would provide $109.45 million in FY 2023 and $162.42 million in FY 2024 to adjust the ratio of instructional aide positions per 1,000 ADM from 17.5 to 20 per 1,000 ADM in FY2023 and 21 per 1,000 in FY 2024. This would begin the process of slowly eliminating that “temporary” support cap placed in FY 2010.

This amendment would:

  • Work towards eliminating the support cap
  • Help alleviate the burden on local budgets
  • Show the state’s commitment to fund instructional aide positions in the SOQ

School Construction (Item 137 #19h; Item 137 #5s). Bills in both the House and Senate would establish a School Construction Grant Fund and funding mechanism. Both the House and Senate budgets contain funding in their budgets: Item 137#19h and Item 137 #5s.

The School Construction Grant Fund as established would receive revenues from the Gaming Proceeds Fund, which will receive future tax revenues from casinos. Casinos in Virginia were established on the basis that 98 percent of the state tax revenues would be appropriated for school construction. This amendment would move this process closer to implementation by creating the fund to receive the casino revenues.

The Fund would also establish a loan rebate program for localities to use for school construction in which the State would provide a 30 percent rebate:  30 percent loan rebates are for $1 billion in construction projects with an interest buydown grant to zero interest financing for another $1 billion in construction projects. Localities would pay the remaining 70 percent of the funds, which could have been constructively addressed through the legislation to allow for local option one percent sales tax.

In the House budget $291.7 million (GF) and $250 million from the Literary Fund would be placed in the Fund in FY2023. In the Senate budget, language stating that eligible school construction needs would not include parking lots or school facilities used predominantly for extracurricular athletic activities.

We support both the House and Senate amendments because together they would:

  • Provide an essential funding source for localities and their school districts
  • Establish a fund for the dedicated revenue from Casino gambling proceeds
  • Set reasonable parameters on funding use

We would prefer that the 70 percent local share be more constructively addressed by the General Assembly, either by allowing localities to pursue the optional one percent sales tax or through additional state support.

VML Contact: Josette Bulova, jbulova@vml.org

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Health and Human Resources budget items to support

CSA Local Administrative Funding (Item 284#1s). VML and VACo sought an increase in the state administrative funding to local governments that administer the Children’s Services Act (CSA) on behalf of the state. Such funding had not been increased since FY2017, and before that, in FY2006.

The Senate budget includes an increase of $1.0 million each year of the biennium for local administrative costs.  We support this budget proposal because:

  • CSA is a highly complex program and local program coordinators and teams must comply with complicated federal and state laws and policies across multiple agencies.
  • A state workgroup recommended that the state provide additional administrative funding to ensure each local program receive at least $50,000 a year, including local matching dollars.
  • Localities provide $8.8 million in personnel costs and an additional $1.1 million in non-personnel costs to support local CSA efforts.

Alternative transportation/custody funding (Item 312#6h; Item 312#1s). The issue of alternative transportation and custody for individuals with a temporary detention order (TDO) or emergency custody order (ECO) was widely discussed and debated this Session.  The House and Senate budgets include items to fund efforts to relieve local law enforcement of carrying out some of these extended custody situations and to provide other means to help individuals with a TDO or ECO receive transportation to either evaluations or inpatient placements as well as accompaniment in emergency rooms during the often-prolonged wait for evaluation and assistance.

The House added funding in FY2023 to implement an alternative custody program for individuals subject to a TDO who are awaiting transport to an inpatient bed ($2.0 million in FY2023); the Senate added funds and language authorizing DBHDS to use funds to supplement its current transportation contract ($1.68 million each year). It also provides $1 million each year to reimburse local law enforcement agencies for use of auxiliary police for alternative custody options.

It is unclear where legislation related to this funding items will end up, so the amounts in these proposals may change.

  • Local governments support efforts by both the House and Senate, including these budget items, to address issues with use of local law enforcement in TDO and ECO situations where other options could be safety used
  • Local governments support funding to help address ways to increase use of alternative transportation and custody.

VML Contact: Janet Areson, jareson@vml.org

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Natural Resources budget item to support

Stormwater Local Assistance Funding (Item C-80#1h and Item C-80#1s). Both the House and Senate budget reduce the amount proposed in the introduced budget ($100 million), but still offer significant new capital funding for the Stormwater Local Assistance Fund (SLAF) in FY2023.

  • SLAF provides grants to localities for capital projects addressing stormwater best management practices, wetlands restoration, and other projects intended to mitigate stormwater impacts.
  • SLAF funding represents a recognition by the state that capital intensive projects to mitigate stormwater impacts in communities of all sizes requires significant state resources to prevent further impacts from stormwater damage to properties, waterways, and water quality.
  • The House provides $25 million in FY2023; the Senate provides $50 million.

VML has consistently requested increased funding for SLAF in recent years and appreciates the General Assembly’s commitment to provide resources for localities.

VML Contact: Mitchell Smiley, msmiley@vml.org

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Public Safety budget items to support

Jail Per Diem Restoration (Item 73#1h; Item 73#4s; Item 73#3s). Both the House and the Senate included funding in their budget proposals to help restore jail per diems to the FY2010 level when funding was reduced due to the Great Recession. VML has been trying for several years to get funding restored and worked on amendments as a part of a coalition of public safety/local government partners this year.

  • The House and Senate approaches differ, but local governments are greatly appreciative that both proposals move us in a positive direction
  • The Senate goes farther than the amendments we sought in that it includes an amendment to also increase the per diem for local responsible inmates with state charges by $1 a day (from $4 to $5).
  • Appreciation should be expressed to House and Senate members for ending the 12 year drought on per diem increases.

HB 599 and ARPA Funds for Local Police Departments (Item 408#1s in SB29; Item 410#1s and Item 486#1h in SB/HB30). The introduced budget included no increase in the State Assistance to Local Law Enforcement (HB599) program, despite the growth in state general fund revenue collections that would prompt an increase to HB 599 funding as required under the Code of Virginia (Sec. 9.1-165).

The House and Senate took different approaches to providing funding to local police departments, and VML would support the adoption of both approaches because they both address needs of local public safety.

The Senate increased funding to the HB 599 in the current year budget as well as both years of the new biennium ($2.35 million in FY2022; $19.1 million in FY2023; $27.9 million in FY2024).

The House directs that no less than $80 million in federal ARPA funds in FY2023 would be used for support of local law enforcement agencies (which could include sheriff’s departments as well as local police departments) to support training and purchase of equipment and supplies.

  • VML supports the specific increase in HB 599 funding as proposed by the Senate
  • VML supports the allocation of ARPA funds as proposed by the House
  • Both measures would help bridge the continued lag in state assistance to local law enforcement.

VML Contact: Janet Areson, jareson@vml.org

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Public Safety budget item to oppose

Require local funding for ASAPs (Item 3#1s). The Senate budget proposal includes a language item directing local Alcohol Safety Action Program (ASAP) organization members (i.e., local governments) to contribute to the operating costs of the organization at a negotiated rate.  VML would prefer that the language be changed to a study of the sustainability of the funding/structure of the program before any policy/funding decisions are made.

  • ASAP programs are primarily funded through fees;
  • The balance between revenues and expenditures for most ASAPs are increasing out of balance; this puts into question the sustainability of the current funding structure (see recent study of ASAPs conducted by VCU);
  • The VASAP program has been around since the 1970s; a discussion or study of the VASAP program funding structure and potential new burdens on it (i.e., charges for marijuana-related driving impairments) could be helpful in creating the path forward for ASAPs.

VML Contact: Janet Areson, jareson@vml.org

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Transportation budget items to support

Street Maintenance Funding (Item 447.10#1s). SB29, the Senate budget addressing the current fiscal year, includes funding of $30 million for street maintenance. This one-time funding would go to local governments that maintain their own roads and would increase maintenance funding between $20,000 and $3.5 million this fiscal year.

Street Maintenance Study (Item 451#1h; Item 456#1h; and Item 456#1s). Both the House and Senate caboose (HB29 & SB29) and biennial budgets (HB30 & SB30) include language directing VDOT to conduct a study of locally maintained pavement conditions with VDOT, not local maintenance funding, as the source of funding for the study. The introduced budget would have taken the funds from local maintenance. While the House and Senate budget proposals take different approaches to holding localities harmless, the effect is the same. A study of locally maintained pavements stemmed from the Joint Legislative Audit and Review Commission’s Nov. 2021 report on transportation sustainability and funding which led to the study of local pavement conditions being included in the introduced budget. VML has worked this session to ensure that any study would not be funded through local maintenance funding.

VML Contact: Mitchell Smiley, msmiley@vml.org

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Education

Education legislation awaiting deliberation

When the General Assembly met on Monday April 4th no legislation was discussed or heard leaving three pieces of legislation vital to school construction and modernization in localities across the Commonwealth still in play.

HB563 (O’Quinn) would establish the School Construction Grant Fund and Loan Rebate Program (the Fund) as well as crates a data reserve tool. The Fund provides localities with another mechanism to renovate, modernize, and build schools across the Commonwealth.

Loans will be awarded to localities based on a three-tiered system based on four qualifications established within the bill. Money to fund this loan rebate program would initially come out of the General Fund and the Literary Fund as allocated by the Houses proposed budget (HB30). Following this biennium, the Fund will no longer use General Fund and Literary Fund money, instead it will be use future casino gaming revenue once casinos are in operation in Virginia.

As a reminder, casinos were agreed to in the Commonwealth with the stipulation that 98 percent of gaming revenue are appropriated to education. HB563 creates the vessel in which the revenue will be kept.

HB563 also establishes a data reserve tool which shall be overseen by the Department of Education. This tool will create a central database (designed by the Department of General Services) containing accurate ages of school buildings, true maintenance needs, and determine which divisions are most in need. Information for this database will be collected from school boards and other tools the Department of Education deems to be fit. Currently, there is no central database where this information kept making it difficult to understand the scope of the school construction problem in Virginia.

SB473 (McClellan) would also establish the School Construction Grant Fund as well as creating a data reserve tool, almost identical to HB563. However, this legislation differs from the House version slightly. Instead of a three-tiered system and money allocated by the budget, SB473 uses surplus funds and future casino gaming revenue.

SB471 (McClellan) would expand the maximum loan amount available in the Literary Fund. Currently, the maximum loan amount available is $7.5 million. This legislation expands the available amount to $25 million. The Literary Fund was established to provide loans to localities for school construction purposes. However, over time interest rates, costs of production, and other items have drastically increased. Due to these circumstances the Literary Fund is either unusable by many localities or is being used to supplement teacher retirement. This legislation seeks to change the Literary Fund so it may be used for the intended purpose.

VML Contact: Josette Bulova, jbulova@vml.org

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Transportation

New gas tax holiday proposals unveiled

Will the General Assembly press the accelerator or hit the brakes on Governor Youngkin’s request for a gas tax holiday? Here’s the latest:

  • House and Senate Republicans introduced Gas Tax Holiday Legislation this week.
  • House Democrats unveiled a new proposal to send rebate checks to vehicle owners.
  • Senate Democrats continue to dismiss the idea of a gas tax holiday.

In line with Governor Youngkin’s request for a gas tax holiday to help Virginians offset the rising cost of fuel at the pump, Del. Durant and Sen. Newman introduced HB6001 & SB6001 this week. These bills are identical and propose to suspend the collection of motor fuels taxes this year with 100 percent suspended from May 1-July 31; 50 percent suspended from August 1-August 31; and 25 percent suspended from September 1-September 30. The annually adjusted rate of growth for motor vehicle taxes would be capped at 2 percent instead of the rate of inflation.

HB6001 and SB6001 both include an emergency clause which would allow the legislation to take effect upon the signature of the Governor after successful passage by the General Assembly while also increasing the number of votes required for passage to 2/3 of each chamber. Governor Youngkin has identified a surplus of more than $400 million in the Transportation Trust Fund as evidence that the General Assembly can afford to provide Virginians a break at the pump.

House Democrats Friday afternoon announced a competing proposal to send registered motor vehicle owners $50 rebate checks to offset the rising cost of motor fuels.

It is unclear exactly how much either of these proposals would cost, but early estimates indicate HB6001 and SB6001 would remove around $400 million in funds from the Transportation Trust Fund. The House Democrats’ proposal, on the other hand, would likely cost at least $150 million (depending on the final details).

Are Democrats likely to warm to the Republican’s proposals? It’s worth remembering that on two occasions during the regular session, Senate Democrats rejected several bills that would have halted only a fraction of the motor fuels taxes collected. Furthermore, in recent statements, Senate Finance Committee Chair Janet Howell has indicated that a gas tax holiday remains a non-starter for Senate Democrats.

VML Contact: Mitchell Smiley, msmiley@vml.org

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Alerts & Resources

Scam Alert: NEUs receiving emails asking for payment to renew SAM.gov

The U.S. Treasury Department has identified a scam targeting Non-Entitlement Units (NEUs) asking them to pay money for SAM.gov renewal.

As a reminder, SAM.gov does not charge any fee for renewal. Treasury has instructed its SLFRF contact center to direct callers to federal sites that explicitly say there is no fee. Any message asking for payment for SAM.gov renewal is a scam.

U.S. Treasury Contact: Namrata Mujumdar, Namrata.Mujumdar2@treasury.gov

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U.S. Fish and Wildlife release Hurricane Sandy Coastal Barrier Resources report

The U.S. Fish and Wildlife Service has released its Report to Congress: John H. Chafee Coastal Barrier Resources System Hurricane Sandy Remapping Project. The report includes revised maps for 438 Coastal Barrier Resources System (CBRS) units in the nine states most affected by Hurricane Sandy:  New Hampshire, Massachusetts, Rhode Island, Connecticut, New York (Long Island), New Jersey, Delaware, Maryland, and Virginia. The public was provided an opportunity to comment on the proposed revisions to the boundaries through comment periods held in 2018 and 2019.

The report and revised maps transmitted to Congress for the Hurricane Sandy Remapping Project recommend the removal of areas that were erroneously included within the CBRS in the past and also recommend the addition of areas that qualify for inclusion within the CBRS. These revised CBRS maps will only take effect if they are adopted by Congress through legislation.

The report, maps, and related documents for this remapping project are available for viewing and download on the U.S. Fish and Wildlife Service website here >.

For any questions concerning this effort, please email cbra@fws.gov.

U.S. Fish and Wildlife Service Contact: Program Specialist Jennifer Zosh, (703) 358-2429.

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Cyber event sharing fact sheet now available from CISA

In this time of heightened risk due to the war in Ukraine, the Cybersecurity & Infrastructure Security Agency (CISA) urges lowering the threshold for sharing information to raise our collective resilience to global cyber threats. Sharing information about cyber incidents allows CISA to fill critical information gaps, rapidly deploy resources and render assistance to victims suffering attacks, analyze incoming information from across sectors to spot trends, and quickly share that information with network defenders to warn other potential victims.

To facilitate the information sharing process, CISA developed the a Cyber Event Information Sharing Fact Sheet, which provides stakeholders like local governments with clear guidance about what to share, who should share, and how to share information about unusual cyber incidents or activity. We encourage you to share this resource with your departments.

Cybersecurity is national security, which is why we also encourage local government departments to utilize the wealth of resources on our Shields Up webpage which includes information for organizations and individuals, technical guidance for network defenders, free tools and services

CISA appreciates the support of local governments to help raise our national collective cyber defense.

CISA Contact: CISA.Partnerships@cisa.dhs.gov

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Events

VDOT Coordinating Transportation and Land Use Planning Forum happening on May 11

On May 11th, VDOT is going to hold its statewide, biennial Transportation & Land Use Forum. The Forum is composed of locality, PDC & MPO officials, the development community & VDOT staff. This year’s Forum will be held virtually.

Local government officials and staff are welcome to attend.

This event is free & participants usually receive APA/AICP credit for participating in the event.

Registration and additional information are available here >.

VDOT Contact: Highway Systems Program Manager Lynne Lloyd, lynne.lloyd@vdot.virginia.gov

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Broadband Together event coming May 18-19 in Richmond

Hosted by VML, The Broadband Association of Virginia, and the Virginia Association of Counties, this “Conference to Connect Virginia” will be held at the Hilton Short Pump, May 18-19.

Topics to be discussed include:

  • Broadband Legislative Recap
  • Broadband and Economic Development
  • Broadband Affordability and Adoption
  • How Broadband Affects Home Ownership
  • Broadband Technology and Innovation
  • …and more!

The full agenda, room booking, and event registration information are all available here >.

VML Contact: Rob Bullington, rbullington@vml.org

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Opportunities

VML now accepting entries for 2022 Innovation Awards

It’s time again to celebrate local government achievements!

It’s time again for our local government members to spotlight programs and individuals that have made a big difference by creating innovative solutions to address emerging needs.

Award-winning projects typically demonstrate innovative ways of delivering services, addressing community needs, or significantly improving an existing service.

One winning project from the category winners will be selected for the top prize – the coveted President’s Award!

All entries must be received via e-mail by 5:00 p.m., Monday, Aug. 15, 2022. The awards will be presented at VML’s Annual Conference in Richmond in October.

More details and a link to the official entry form are available here >.

VML Contact: Manuel Timbreza, mtimbreza@vml.org

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Get published in VML’s magazine! Tell us about your favorite outdoor recreation location in Virginia

For our 2022 “Virginia You Love” magazine issue this summer we want our readers to tell us their perfect place to have fun outside. It could be a favorite hiking trail or the stadium bleachers of the hometown ball team. Perhaps you can be found in a mountain lake with family or at the dog park with your furry friend. Maybe you like the challenges of long fairways and fast greens or the peace and quiet of a bench under a shady tree. Vita courses, ropes courses, pump tracks, brewery decks…Wherever, whatever, we want to hear about it!

Have your place featured in our magazine!

If you tell us about your favorite place for outdoor fun, we will put it on the list of possible places to feature in the July/August issue of Virginia Town & City. You can nominate any place you like…just so long as it’s outdoors and in Virginia.

It’s super easy to participate

Learn more and complete the short online survey here >.

VML Contact: Manuel Timbreza, mtimbreza@vml.org

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  • eNews February 15, 2022 This edition of eNews is sponsored by: Complete park and playground solutions from design to construction since 1966. Playground, fitness and sports equipment, safety surfacing, bleachers, shade and shelter options, site furnishings,…
  • eNews: Action Alert – February 14, 2022 Tell your State Senators to support local taxation authority of retail marijuana before 11:00 a.m. tomorrow Access printer friendly version here > SB313 (Ebbin) allows for the early sale of…
  • eNews February 11, 2022 This edition of eNews is sponsored by: At American Public University, we believe that education should not be a privilege reserved for the few. We are committed to breaking barriers by providing…
  • eNews: Special Edition February 10, 2022 2022 Budget Amendments to Support: Use the links below to view/download the one-page for each item. Or, download all the items in a single PDF file here >. Then contact…
  • eNews: Action Alerts – February 10, 2022 Oppose: Short-term rental bill before Friday morning Bill would require localities to adopt an ordinance to tailor the operation of short-term rentals HB1362 (Wiley) will require localities to adopt an…
  • eNews: Action Alert – February 9, 2022 Oppose HB1010 before 10:30 a.m. tomorrow – Would require local referendum prior to property tax increases Access printer friendly version here > HB1010 (Durant) will be heard tomorrow (Feb. 10)…
  • eNews February 8, 2022 This edition of eNews is sponsored by: Amazon Web Services (AWS) is the world’s most comprehensive and broadly adopted cloud platform, offering over 200 fully featured services from data centers globally.…
  • eNews: Action Alert – February 8, 2022 Oppose SB224 – Local government lobbying bill to be heard tomorrow in Senate General Laws and Technology Committee About the legislation As originally proposed, SB224 (McPike) would require notification to local clerks if…
  • eNews: Action Alert – February 7, 2022 Support amendments to grocery tax legislation that would hold local budgets harmless: Act before 8:30 a.m. tomorrow! Tomorrow morning, Tuesday Feb. 8th, at 8:30 a.m. the Senate Finance and Appropriations…
  • eNews February 4, 2022 This edition of eNews is sponsored by: Too often photo speed programs are called “Speed Traps” or “Money Grabs”.  The photo speed industry historically hasn’t done a good job collecting data…
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Comments and questions about this website or the data provided may be addressed to Manuel Timbreza
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