eNews

 

In this issue

• Register to attend emergency response seminar
• Budget conferees set
• Open space assessment bill passes Senate
• Bill setting statewide fees for public rights-of-way clears the Senate
• Update on various bills of interest

 

Register to attend emergency response seminar

Register here to attend the March 15 seminar on emergency responses at the local level to natural or man-made disasters. The discussion will focus on emergency management procedures, a review of tactical operations, outside support available and, post-event, the process for federal and state financial reimbursement.

This panel discussion will be led by Dr. Tonya Neaves, Managing Director for the Centers on the Public Service with George Mason University Schar School of Policy and Government. Panelists include Maggie DeBoard, chief of police in Herndon, and Will Flagler, deputy director for emergency management for Arlington County.

The seminar will be held March 15, 10 a.m. to noon at the Virginia Society of Certified Public Accountants, 4309 Cox Road, Glen Allen, VA 23060. The fee to attend is $50.

VML contact: Mike Polychrones, mpolychrones@vml.org

 

Budget conferees set

The House and Senate budget conferees have been named, and conference deliberations will now begin. There’s a lot of distance between the two budgets because the House budget includes Medicaid expansion, which would add federal funding to the budget, while the Senate does not. As such, many components of the budgets are contingent on whether the State moves forward with Medicaid or not.

House Budget Conferees:

• S. Chris Jones (R-Suffolk)
• Christopher K. Peace (R-Hanover)
• Barry D. Knight (R-Virginia Beach)
• T. Scott Garrett (R-Lynchburg
• Luke E. Torian (D-Prince William)
• Mark D.Sickles (D-Arlington)

Senate Budget Conferees

• Thomas K. Norment, Jr. (R-District 3)
• Emmett W. Hanger, Jr. (R-District 24) ·
• Janet D. Howell (D-District 32)
• Richard L. Saslaw (D-District 35)
• Stephen D. Newman (R-District 23) ·
• Frank M. Ruff, Jr. (R-District 15)
• Frank W. Wagner (R-District 7)

At this time, there are two harmful amendments in the Senate budget that VML would ask members to weigh in with their delegation members about. These amendments are:

Item 70#1s, which would require that any locality (county, city, or town) that elects to employ the use of a body worn camera for law enforcement employ and pay the cost for one entry-level Assistant Commonwealth’s Attorney for every 50 body worn cameras used by patrol officers. This amendment offers no flexibility in the type of staff used to work with the videos generated by the body worn cameras. For example, if your police department and Commonwealth’s Attorney office have a cooperative agreement regarding the cataloging and archiving of videos, this language would preempt those agreements and require you to pay for attorneys in the Commonwealth’s Attorney’s offices. VML opposes this mandate and would prefer that the state study the issue of workloads and requirements regarding the cataloging and archiving of the tapes, in addition to the workload in viewing the tapes.

Item 3-1.01#1s, which would sweep $2.0 million in Communications Sales and Use Tax revenue each year into the state general fund. The CSUT revenues continue to drop each year, and this would further reduce the allocations given to local governments. VML opposes this amendment.

Please talk to your delegation members about these amendments and ask that they talk to their colleagues on the budget conference.

VML contacts: Neal Menkes nmenkes@vml.org; Janet Areson jareson@vml.org

 

Open space assessment bill passes Senate

HB 1204 (Hugo) mandates that Arlington and Loudoun Counties establish open-space programs and that the reduced land use valuations be treated as “fair market value” assessments. The bill passed the Senate around 3 p.m. today on a 27-13 vote (the vote is not yet posted). The bill has the purpose of reducing the real estate bills for two privately owned golf courses in Arlington County, but its long-term impact goes well beyond that preferential tax treatment. If open-space property in either jurisdiction is sold or developed for purposes other than open-space, the land owner would not be subject to the five-year rollback of taxes. If the mandate and redefinition of fair market value is extended by future General Assembly sessions to include the land use valuation programs for agriculture, horticulture or forestal, there would be a substantial impact on the Local Composite Index formula used for allocating K-12 basic aid.

 

Bill setting statewide fees for public rights-of-way clears the Senate

HB1427 (Kilgore) passed the Senate yesterday on a 19 yes, 18 no, 3 abstentions vote. The Senate companion, SB823 (McDougle), passed the House on Feb. 23 on a 67 yes, 29 no, 2 abstentions vote. The bills set statewide fees for use of state and local public rights-of-way. VML opposes the bills.

VML staff contacts: Michelle Gowdy, mgowdy@vml.org

 

Update on various bills of interest

Bills moving forward

SB451 (Dance) gives localities the authority to require abatement of criminal blight on real property. It would put another tool in the tool box for localities to attempt to clean up blighted properties. This bill was a request from the City of Richmond Police Department as a way of dealing with hotels that have significant drug and prostitution issues. It is also a recommendation of the Housing Commission. HB594 (Carr) is the companion bill. The bills will soon be on their way to the Governor.

SB448 (Chafin) allows localities to establish school revitalization zones in which incentives could be used to encourage private sector redevelopment of abandoned schools. VML supports. A House Counties, Cities and Towns subcommittee has recommended reporting and the bill will be heard Friday in full committee. HB1179 (Pillion), the House companion, is on the Senate floor and nearing final passage.

SB371 (Chafin) allows localities to establish and regulate various water-related activities on property adjacent to public waterways. The bill also expands the exemption for liability for conduct of these activities. VML supports. The House Counties, Cities and Towns subcommittee will hear the bill tomorrow. Senate Local Government has reported an identical House version, HB220 (Morefield).

SB993 (Reeves) restricts the ability of localities to hold presubmission conferences, meetings or reviews for proposed plats, site plans or plans of development. Restrictions on timelines for approval that were in the original bill were removed. The amended bill passed the House yesterday on a 95-4 vote.

Bills that were dead but may be transformed

SB878 (Dunnavant) originally mandated contracts between community services boards (CSBs) and local and regional jails.  Currently that is an option for the jail and the CSB.  The bill was carried over in a House Appropriations subcommittee on Feb. 27. However, the Senator then added an amendment to HB934 (Hope), during a Senate Finance meeting. This amended bill is now on the Senate floor.

The amendment would direct the Board of Corrections, in consultation with the Commissioner of the Department of Behavioral Health and Developmental Services, to develop standards for mental health and substance abuse services in jails.  This language jumps ahead of a study approved by the 2017 General Assembly and currently underway by the General Assembly’s own Joint Commission on Health Care, to look at the health and mental health services provided in local and regional jails.  That study will conclude by late 2018.  It also jumps ahead of work being done by the Joint Subcommittee on Mental Health in the 21^st Century, which is studying mental health services and procedures in local and regional jails.  As such, VML opposes this amendment to HB934.

Bills that are carried over or died

SB 290 (McClelland) would have granted all localities the authority to adopt affordable dwelling unit ordinances. Currently, only a few localities have this authority. The bill was carried over in a House Counties, Cities and Towns subcommittee.

VML staff contacts: Michelle Gowdy, mgowdy@vml.org; Janet Areson, jareson@vml.org; Neal Menkes, nmenkes@vml.org

 

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VML legislative staff and assignments

Michelle Gowdy – Local government authority, planning and zoning, legal matters, housing, Freedom of Information, telecommunications and technology. mgowdy@vml.org; 804-523-8525

Janet Areson – Health and human services, and the state budget. jareson@vml.org; 804-523-8522

Mike Polychrones – Environment, land use, natural resources, elections and transportation policy. mpolychrones@vml.org; 804-523-8530

Neal Menkes (under contract) – Taxation and finance, the state budget, transportation funding, retirement, education funding and community and economic development. nmenkes@vml.org; 804-523-8523

Roger Wiley (under contract) – Courts, criminal law, civil law, and procurement. roger@heftywiley.com; 804-780-3143

Chris LaGow (under contract) –Insurance and workers’ compensation. chris@lagowlobby.com; 804-225-8570

 

In this issue

• Call your delegate in opposition to mulch bill
• Sanctuary city bill before Senate Local Government
• Substitute version of wireless bill reported

 

Call your delegate in opposition to mulch bill

SB972 (Obenshain) would restrict a locality’s ability to regulate landscape cover materials. The House Counties, Cities and Towns Committee reported the bill on a 19-2 vote last Friday. Please call your delegate in opposition to the bill! The final vote on the bill could come as early as tomorrow.

HB1595 (Wilt) passed the Senate on a 32-8 vote on Feb. 26.

VML and the fire safety community is not giving up on working on these bills!

Bottom line: these bills raise fire safety concerns. A typical scenario is that someone will discard a burning cigarette in a pile of mulch outside a building. The mulch then can catch on fire, and because the mulch abuts flammable siding, the fire spreads to the building. HB1595 and SB972 would preclude the authority of localities to require a separation between the flammable mulch materials and the building.

Talking points:

• This is a fire-safety issue that should be addressed at the local level. There have been multiple fires related to landscape materials in multiple jurisdictions. (Here’s just one example!)
• A recommended approach is to have an 18-inch clearance between landscape materials and combustible building materials, such as wood, vinyl siding and decks.
• Regulation of landscape materials should not be in the vested rights section of the Virginia Code.
• This issue has been litigated and local government has prevailed in regulating landscape materials; this bill would discredit the court decision.

VML contact: Michelle Gowdy, mgowdy@vml.org

 

Sanctuary city bill before Senate Local Government

HB1257 (Cline) prohibits localities from adopting any ordinance, procedure, or policy that restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law. The bill will be heard today in the Senate Local Government Committee which meets one-half hour after the adjournment of the Senate’s floor session.

VML does not have a position on this issue, but we wanted to make sure that our members were aware that the bill was pending.

VML contact: Michelle Gowdy, mgowdy@vml.org

 

Substitute version of wireless bill reported

Call your senator in opposition

The Senate Commerce and Labor Committee reported a substitute version of HB1258 on a 13-0 vote. The vote looks daunting, but VML and local governments remain strongly opposed to the bill and to SB405 (McDougle), the Senate version that will be heard later today in the House Commerce and Labor Committee.

In the meantime: Don’t stop working on these bills! They continue to strip away local government and citizen control over the placement of cell towers in their jurisdictions.  They will not expand wireless service to rural and underserved areas; there is nothing in the bills to require that. They will mean that cell towers up to 50 feet in height will be able to be put on any public right-of-way without any opportunity for citizen input. Additional talking points are here.

VML contact: Michelle Gowdy, mgowdy@vml.org

 

 

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VML legislative staff and assignments

Michelle Gowdy – Local government authority, planning and zoning, legal matters, housing, Freedom of Information, telecommunications and technology. mgowdy@vml.org; 804-523-8525

Janet Areson – Health and human services, and the state budget. jareson@vml.org; 804-523-8522

Mike Polychrones – Environment, land use, natural resources, elections and transportation policy. mpolychrones@vml.org; 804-523-8530

Neal Menkes (under contract) – Taxation and finance, the state budget, transportation funding, retirement, education funding and community and economic development. nmenkes@vml.org; 804-523-8523

Roger Wiley (under contract) – Courts, criminal law, civil law, and procurement. roger@heftywiley.com; 804-780-3143

Chris LaGow (under contract) –Insurance and workers’ compensation. chris@lagowlobby.com; 804-225-8570

 

In this issue…

• Bills that need attention
• Oppose land use assessment bill
• Wireless: Call your delegates and senators
• House budget items change juvenile justice transformation
• Party ID bill amended
• Sunscreen bill carried over

 

Bills that need attention

This chart identifies bills that need your attention by Monday.  These bills are discussed in greater detail below.

 

Bills that need attention

Senate Calls Needed

Bill	Shortcut description	Oppose/Support	Committee Assignment	Act by …
HB1204	Use value assessment	Oppose	Senate Finance	Monday afternoon
HB1427	Statewide fees for use of public rights-of-way	Oppose	Senate Finance	Monday afternoon
HB1258	Wireless infrastructure; Eliminate most local control	Oppose	Senate Commerce & Labor	Monday noon

 

Delegate calls needed

SB405

Wireless infrastructure; Eliminate most local control

Oppose

House Commerce & Labor

Tuesday noon

 

Oppose preferential treatment under land use assessment bill

The Senate Finance Committee votes Tuesday morning on HB 1204 (Hugo), a bill that has the purpose of reducing the real estate bills for two privately owned golf courses in Arlington County. But the bill goes beyond that, and every local government should be concerned about this precedent. Please call members of the committee in opposition to this bill!

HB1204 uses a fabricated population formula to identify and force assessing officials in Arlington and Loudoun Counties to determine fair market value by specially and separately assessing any real estate devoted to open-space use, that contains at least five acres. The bill mandates this special treatment regardless of whether the locality has adopted an ordinance to provide for use value assessment of real estate dedicated to open-space. However, the bill goes way beyond preferential tax treatment for golf courses. Residential and commercial properties would also be eligible provided that the properties had at least five acres of undeveloped land.

Additional talking points are in the Feb. 23 eNews.

VML contact: Neal Menkes, nmenkes@vml.org

 

Wireless: Call your delegates and senators

Adopt a resolution; Keep up the pressure

Thank you for your work in opposing the wireless infrastructure bills (HB1258 and SB405) and the bills setting statewide fees for the use of state and local rights-of-way (HB1427 and SB823).

We can’t stop now: Please keep up the pressure on these bills! Here’s what you can do:

• Call your senator in opposition to HB1258 and HB1427, please do so! HB1258 will be heard Monday in Senate Commerce and Labor and HB1427 will be heard next week in Senate Finance
• Call your delegate in opposition to SB405, which will be heard Tuesday in House Commerce and Labor.
• Adopt a resolution or send a letter to your senators and delegates and Governor Ralph Northam in opposition to these bills. Talking points and a resolution template are posted on VML’s website.

VML contact: Michelle Gowdy, mgowdy@vml.org

 

House budget items change juvenile justice transformation

Two amendments in the House-approved budget, Item 412 #1h and Item C-47 #1h, would change the Department of Juvenile Justice’s (DJJ) transformation plan to serve youth committed to the state in two smaller, therapeutic facilities and instead concentrate this population in one facility in Powhatan County.

The DJJ transformation plan, which has been in the works for the last four years, would locate a state facility in the southeastern area of the state, which would be closer to home and family for a significant number of youth committed to the state. The projected site in Chesapeake did not work out, and the state has been looking at Isle of Wight County as another possible location.

The House budget amendments would scuttle that plan, as well as the plan to build a smaller facility at the current Bon Air correctional facility in Chesterfield County. It would instead concentrate the entire state juvenile correctional population in one facility on the grounds of the former Beaumont juvenile correctional facility in Powhatan County. The Senate budget does not change the transformation plan. VML’s policy supports the state’s efforts to provide a continuum of services and treatment options, and to allow the Department to reinvest savings from the transformation process or otherwise provide stable funding for a continuum of services to result in better outcomes and lower recidivism.

VML contact: Janet Areson, jareson@vml.org

 

Party ID bill amended

Still in committee

The Party ID bill, SB144 (Spruill), was amended in a House Privileges and Elections sub-committee to apply only to local races for constitutional offices (treasurer, commissioner of the revenue, etc.). The bill will come before the full committee at its March 2 meeting.

The amendment came about after Sen. Spruill told the subcommittee that he had learned that the Governor planned to veto the bill that applied to all local elections. Sen. Spruill’s original bill applied only to constitutional officers, so the subcommittee changed it back to the bill as introduced.

VML contact Mike Polychrones, mpolychrones@vml.org

 

Sunscreen bill carried over

HB330 (Yancey), which would allow K-12 students to carry and use sunscreen during the school day and for school activities without a medical prescription, was carried over for the year in the Senate Education and Health Committee. The FDA considers sunscreen to be an over the counter medication. As such, some schools will not allow children to carry it without a prescription. VML supported the bill.

VML contact: Janet Areson, jareson@vml.org

 

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VML legislative staff and assignments

Michelle Gowdy – Local government authority, planning and zoning, legal matters, housing, Freedom of Information, telecommunications and technology. mgowdy@vml.org; 804-523-8525

Janet Areson – Health and human services, and the state budget. jareson@vml.org; 804-523-8522

Mike Polychrones – Environment, land use, natural resources, elections and transportation policy. mpolychrones@vml.org; 804-523-8530

Neal Menkes (under contract) – Taxation and finance, the state budget, transportation funding, retirement, education funding and community and economic development. nmenkes@vml.org; 804-523-8523

Roger Wiley (under contract) – Courts, criminal law, civil law, and procurement. roger@heftywiley.com; 804-780-3143

Chris LaGow (under contract) –Insurance and workers’ compensation. chris@lagowlobby.com; 804-225-8570

• eNews January 18, 2018   In this issue: Governor, Finance Secretary to speak at Legislative Day Adopt resolutions opposing wireless bills Update on regulation of stormwater; airports Budget amendments to be released Jan. 18 Party ID bill returns Keep up pressure on checkbook bill Pretrial services threatened Invalidation of local grievance procedures proposed Update on fireworks Ban the Box […]
• eNews January 16, 2018   In this issue: Make calls in opposition to “by right” solar bills Revised checkbook bill introduced Oppose fireworks bills Support grocery incentive fund bills Keep making calls on wireless infrastructure bills Numerous FOIA, COIA bills introduced   Make calls in opposition to “by right” solar bills SB429 (Stanley) and HB508 (Hodges) severely encroach on […]
• eNews January 15, Action Alerts Two alerts! The General Assembly does not recognize state holidays, and the legislature met last Friday and again today, even though both days were state holidays. Legislation is moving fast, and we have two alerts that we ask you to follow up on.   Calls needed no later than Tuesday morning, January 16th, on regulation […]
• eNews January 11, 2018   In this issue: Governor to speak at VML Legislative Day 2018 General Assembly convenes Make call in opposition to wireless bill Gov. McAuliffe presents his final budget Shelter bill raises fiscal concerns Session dates, contact information Finance Forum, Newly Elected Conference draw lively crowds VDEM recommends increased local reporting requirements Governor to speak at […]
• eNews January 10 Action Alert Make calls by noon Jan. 11 in opposition to loss of zoning authority over new wireless installations HB 1258 (Kilgore), legislation promoted by the wireless industry, would eliminate most local control over the installation and operation of new wireless structures.  The legislation removes the ability of local elected officials, residents and businesses to have input into […]
• eNews December 21, 2017   In this issue: Public hearings scheduled on governor’s proposed budget; Joint legislative subcommittee finalizes mental health legislative recommendations; Slow Economic Growth Affects State Demographics; Potential infrastructure proposal could worsen nation’s infrastructure challenges; Tracking Santa’s sleigh may be difficult this year HB 1774 Stormwater Update 2017 Passenger Carrier Study Report by DMV finalized Calendar;   […]
• eNews November 29, 2017   In this issue: Senators review challenges of local fiscal stress; State revenues jump in October; VRS board certifies contribution rates for 2019-2020; COIA Council decides against increase in mandatory local filers; FOIA Council not endorsing public comment expansion; Virginia Code Commission moves to online code repository; National League of Cities holds business meeting Nov. […]
• eNews November 9, 2017   In this issue: Details of Republican federal tax plan include impacts on state/local economies and tax revenues; Economy plods ahead at a slow and steady pace; Financial realignment plan of mental health hospitals to be unveiled; No agreement reached on electronic meetings; Local Government Policy Council meeting; Affordable housing draft report reviewed; Feds set […]
• eNews October 27, 2017   In this issue: State revenue collections outpace official forecast; Congress zeroes in on tax reform; Virginia Supreme Court to hear redistricting case; Get your requests for legislation in soon; Virginia Conflict of Interest and Ethics Advisory Council met on October 17th; Virginia Housing Commission Neighborhood Transitions & Residential Land Use Workgroup; Broadband Advisory Council; […]
• eNews October 13, 2017   In this issue: Conference presentations available online; Legislative program adopted; JLARC report reveals changes in state spending patterns; Virginia economy slowly pushes forward; State revenues could be caught up in federal tax reform fight; Passenger carrier study moves forward; Feedback sought on substance abuse at colleges and trauma-informed care; Calendar   Conference presentations available […]