eNews

 

In this issue

• Golf course bill hits rough patch: Support the veto!
• Support amendments to mulch bills
• Don’t forget: Support amendments to wireless bills
• Northam takes a different route on transit bills
• Northam veto supports cap-and-trade plan
• Living wage, sanctuary cities bills vetoed
• Special session on state budget now underway
• Federal deficit goes up; Infrastructure program falls down
• Register now for emergency response seminar on May 4

 

Golf course bill hits rough patch

Support the veto!

Gov. Northam vetoed a House measure (HB1204) that would turn upside down the assessments of open-space properties that are 20-acres or more in Arlington and Loudoun Counties. VML urges its members to contact their delegates and senators to uphold Gov. Northam’s veto. The votes on the bill as it worked its way through the legislature suggest that an override could succeed. Follow these links for the Richmond and home district telephone numbers for the delegates and senators. As always, please keep us informed of the results of your phone calls or visits.

The bill mandates that the assessment of properties qualifying for open-space use would be assessed as such regardless of whether the two counties have passed ordinances to participate in open-space use assessments. (Loudoun already participates in open-space use assessments. Arlington does not.)

The precedent-setting legislation pushed by two privately owned golf courses in Arlington is questionably unconstitutional and unquestionably a major state intrusion into local tax matters. The bill also specifically waived tax penalties for open-space property owners, a tax “goodie” not available to owners of farm, forest or horticulture lands who participate in locally-approved land use tax programs.

The governor based his veto on the fact that the bill was trying to address “a local dispute over a local government’s method of assessing land for property taxation. As such, the solution to this dispute should be reached on the local level without the involvement of the state.”

VML contact: Neal Menkes, nmenkes@vml.org

 

Support amendments to mulch bills

Governor Northam has proposed amendments to the mulch bills (HB1595 and SB972) that narrow the scope of the bills. The upshot is that local governments would retain the authority to regulate the placement of landscape materials in state residential care facilities; assisted living facilities; student residences owned or operated by a public institution of higher education; buildings containing one or more dwelling units; and hotels, motels and rooming houses.

Please call your delegates and senators to urge support of the amendments to HB1595 and SB972.

Just as a reminder: Fire departments across Virginia have experienced significant fires in recent years caused by improperly discarded smoking materials igniting mulch that in turn ignited the combustible siding on buildings.  According to the Virginia Fire Incident Reporting System, 835 mulch fires occurred during 2016 and 2017. In an effort to address the increased fire risk, localities have exercised authority outlined in §27-97 to adopt a nationally accepted standard to protect structures and citizens from fires involving outside combustible material. The Governor’s amendments would allow localities to continue adopting local regulations that provide a higher-level fire protection in residential structures.

As always, please keep us informed of the results of your phone calls or visits. Follow these links for the Richmond and home district telephone numbers for the delegates and senators.

VML contact: Michelle Gowdy, mgowdy@vml.org

 

Don’t forget: Support amendments to wireless bills

As reported in the April 10 eNews alert, Gov. Ralph Northam has sent down amendments to the wireless public rights-of-way fees bills (HB1427 and SB823) and to the wireless infrastructure bills/zoning (HB1258 and SB405).

Please urge your delegates and senators to support these amendments. Additional information is posted here.

VML contact: Michelle Gowdy, mgowdy@vml.org

 

Northam takes a different route on transit bills

Gov. Northam sent the General Assembly a suite of changes to amend legislation (SB856 and HB1539) enacted to rescue the cash-strapped and operationally-challenged Washington Metropolitan Area Transit Authority (WMATA).

The eighteen amendments incorporate major funding actions as well as technical changes and language changes to clarify legislative intent.

As originally passed by the General Assembly, the two bills would remove some $100.0 million annually from the Northern Virginia Transportation Authority (NVTA), effectively diverting money designated for road projects throughout the region to WMATA. Local governments in the region opposed the action, insisting that the state find new revenue sources for transit.

Northam’s funding amendments would raise the grantor’s tax from 15 cents per $100 of assessed value to 20 cents per $100. Half of the revenue would be allocated to the NVTA and the remaining half designated to WMATA. The tax increase would be called the Regional and Local Transportation Fee.

The amendments would also increase the rate for the Transportation District Transient Occupancy Tax from two percent to three percent.

Variations of these funding amendments were included in the Budget Bill submitted by former Gov. Terry McAuliffe in December to the General Assembly. The legislature rejected the tax increases. Northam’s grantor’s tax increase is half of the rate increase proposed by McAuliffe.

The two bills passed by relatively comfortable margins. It will not be easy to put together a majority in each chamber to enact Gov. Northam’s proposed amendments.

VML contact: Neal Menkes, nmenkes@vml.org

 

Northam veto supports cap-and-trade plan

Gov. Ralph Northam vetoed legislation (HB1270) which would have prohibited him from establishing through regulation a carbon dioxide cap-and-trade program or from participating in a regional market for trading carbon dioxide allowances. The bill would have also reserved for the General Assembly the right to approve agency regulations proposed for adoption on the issue. The veto is likely to be sustained because the measure passed each chamber by razor-thin margins. The veto explanation is here.

Related to the cap-and-trade issue was legislation (SB696 and HB1273) supported by the Northam Administration that died in House and Senate subcommittees by party-line votes. Those bills would have directed the Department of Environmental Quality (DEQ) to establish a carbon dioxide cap-and-trade program to reduce emissions from electric generation facilities. The regulations would have mirrored standards required to comply with the Regional Greenhouse Gas Initiative (RGGI). Revenue derived from the auction of carbon allowances would have been directed for the Virginia Shoreline Resiliency Fund; for energy efficiency and renewable energy programs; and for economic development, education and workforce training programs in Southwest Virginia to revitalize communities hurting by the decline of fossil fuel production. DEQ had estimated potential annual revenues of $174.9 million in FY19 and $208.5 million in FY20.

VML contact: Neal Menkes, nmenkes@vml.org

 

Living wage, sanctuary cities bills vetoed

Two other vetoes by Gov. Northam are of interest to local governments.

HB375 prohibits local governments from requiring contractors to provide compensation beyond the levels required under state and federal law. In his veto statement, Northam said that “Decisions regarding municipal contracts should be made by local leaders who fully understand local needs, and the needs of their workforce.”

HB1257 prohibits localities from adopting any ordinance, procedure, or policy that restricts the enforcement of federal immigration laws. The veto statement said that the bill imposes an unnecessary and divisive requirement upon localities.

 

Special session on state budget now underway

House Speaker Kirk Cox announced earlier this week that the House Appropriations Committee will meet this Friday to prepare the House amendments to Gov. Northam’s proposed budget (HB 5002).

The House of Delegates will convene next Tuesday afternoon (April 17) to pass the two-year budget and send it to the Senate ahead of the Reconvened Session slated to begin April 18.

The House action will cut through legislative procedure to put HB 5002 into conference as quickly as possible.

The amount of time needed to reach a budget compromise between the two chambers will depend on resolution of the Medicaid Expansion issue. Knowing that two Republican Senators are willing, under the right conditions, to vote for a budget bill that includes Expansion could weaken the Senate Republican’s resolve to resist Expansion.

However, the willingness expressed by Senators Hanger and Wagner to support Expansion does not guarantee either a speedy conference or a budget bill that includes the initiative. And, the impact of including or excluding Medicaid Expansion on local government priorities in the state budget is unknown.

VML will closely monitor the budget conference and asks you to stay ready to contact your delegation as events unfold.

VML contacts: Janet Areson, jareson@vml.org and Neal Menkes, Neal Menkes@vml.org

 

Federal deficit goes up; Infrastructure program falls down

The Congressional Budget Office (CBO) estimates that the federal budget deficit will top $804.0 billion this fiscal year, climbing even higher to $981.0 billion in federal fiscal year 2019 and to an eye-popping $1.0 trillion in 2020. Last fiscal year’s deficit was $665.0 billion.

CBO also estimates the national debt will soar to $15.7 trillion in this federal fiscal year, and will continue to grow, hitting $28.7 trillion or 96.0 percent of the economy’s size in 2028. If the debt ceiling reaches 96.0 percent of the Gross Domestic Product in 2028, it will mark the highest percentage level in any year since the end of World War II.

CBO cites last year’s federal tax reform package, the two-year congressional budget deal raising spending caps for this year and next, and the $1.3 trillion fiscal 2018 omnibus spending bill as the main contributors to the country’s worsening fiscal picture.

The “silver lining” is that CBO forecasts that economic growth will pick up from 2.6 percent in 2017 to 3.3 percent in 2018, falling to 2.4 percent in 2019 and 1.8 percent in 2020. The faster economic growth in 2018 eclipses earlier forecasts made by many economists who predicted economic growth of less than 3.0 percent.

As for President Trump’s Infrastructure Plan to use $200.0 billion in federal money to leverage $1.5 trillion from all levels of government and the private sector over 10-years, Congress appears to have lost interest, concluding that the Plan does not have much chance to pass this election-year. Instead, congressional committees are working on traditional authorization bills and waterway and port projects. Conventional D.C. wisdom is that no major infrastructure initiative can pass without bipartisan support and that support is too difficult to achieve.

An example of Congress choosing to follow a path different from Trump’s is the omnibus $1.3 trillion spending bill passed earlier this year. The measure includes more than $10.0 billion added to previously authorized federal programs that the president’s plan wanted cut or eliminate.

VML contact: Neal Menkes, nmenkes@vml.org

 

Register now for emergency response seminar on May 4

Register here to attend the May 4 seminar on emergency responses at the local level to natural or man-made disasters. The seminar will focus on the human, physical, and fiscal challenges for localities created by manmade and natural disasters. The tragedies of Hurricanes Harvey and Irma alone totaled in the hundreds of billions of dollars, and the event in Charlottesville last summer had wide-reaching effects. Prior planning is the key in maintaining order and protecting life and property during these times of crisis. Proven methods of preparation will be part of a panel discussion with Dr. Tonya Neaves, managing director for the Centers on the Public Service with George Mason University Schar School of Policy and Government; Maggie DeBoard, chief of police in Herndon; and Will Flagler, deputy director for emergency management for Arlington County.

The seminar will be held May 4, 10 a.m. to noon at the VML Insurance Programs, 11243 Nuckols Road, Glen Allen, VA 23059. The fee to attend is $50.

VML contact: Mike Polychrones, mpolychrones@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

 

Support wireless amendments

Please call your senators and delegates

We are delighted to report that Gov. Ralph Northam has sent down amendments to the wireless public rights-of-way fees bills (HB1427 and SB823) and to the wireless infrastructure bills/zoning (HB1258 and SB405).

But we need your help one more time on these bills. Please get in touch with your delegates and senators in strong support of these amendments! The General Assembly will consider them next Wednesday, April 18, at the reconvened session. Gov. Northam has listened to the concerns voiced by local officials, but we have to work now, and work hard, to make sure that his recommendations are approved on April 18.

Here’s the explanation.

First, city- and town-owned public rights-of-way are removed from the fee bills! As HB1427 and SB823 moved through the General Assembly, the Virginia Department of Transportation agreed to a cap on these fees. Local governments were not a party to those negotiations even though both state and local rights-of-way fees were affected. The Governor’s amendments appropriately removed city and town owned public-rights-of-way from the bills, leaving the cap on the fees for the use of state rights-of-way. It is very important that local officials urge the adoption of the amendments!

The amendments to the wireless infrastructure/zoning bills (HB1258 and SB405) address the most important issue identified by local representatives. Our members said that the bills needed to make sure that wireless carriers were compared to similar users, not to utilities (which are covered by franchise agreements). The amendments do that. Further, the amendments include a reenactment clause that will set up a stakeholders group that is instructed to develop a plan for expanding access to wireless services in unserved and underserved areas of the Commonwealth. These are commonsense amendments and it is very important that local officials urge their adoption.

Follow these links for the Richmond and home district telephone numbers for the delegates and senators. As always, please keep us informed of the results of your phone calls or visits. You can email Michelle Gowdy at mgowdy@vml.org.

Thank you for all that you have done and thank you for continuing your efforts. This is our last chance. Please call your delegates and senators.

 

Inside this issue

• Sign up now for emergency response seminar on May 4
• Pretrial services program group starts work
• Latest curveball for CSA – parental consent affecting access to funding
• Statewide interoperability planning continues
• By right solar legislation signed
• Potential options for ammonia mitigation allowed
• Please respond to brief “med cottages” survey
• Energy conference to be held April 26
• Don’t forget to turn in nominations for policy committees

 

Sign up now for emergency response seminar on May 4

Register here to attend the May 4 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, the managing director for the Centers on the Public Service with George Mason University Schar School of Policy and Government. Panelists will include Maggie DeBoard, chief of police in Herndon, and other invited speakers.

The seminar will be held May 4, 10 a.m. to noon at the VML Insurance Programs, 11243 Nuckols Road, Glen Allen, VA 23059. The fee to attend is $50.

VML contact: Mike Polychrones, mpolychrones@vml.org

 

Pretrial services program group starts work

A review of how pretrial services are administered and recommendations to improve service delivery is the task of a stakeholder group recently convened by the Department of Criminal Justice Services (DCJS) and the State Crime Commission (VSCC). VML is a participant in this group, which held its first meeting on March 26 in Richmond.

In 2016-2017, the Crime Commission conducted a review of how pretrial service agencies are managed, operated, and evaluated. Late last year the Commission presented DJCS with recommendations intended to advance the administration of pretrial services.

Recommendations for further action by the General Assembly and DCJS included:

1. Amending the Code of Virginia to require DCJS to report annually on the status of each pretrial services agency (including funding amounts and sources; average daily caseload; success rates; and compliance with standards set by DCJS) – the 2018 General Assembly approved HB 996 (Gilbert) to set this in place;
2. Conducting a needs assessment of stakeholders to identify strengths and weaknesses of program;
3. Convening a stakeholder group to develop specific recommendations to improve services;
4. Monitoring the implementation of instruments used by agencies to determine participation in pretrial programs;
5. Working with localities, pretrial directors, and other stakeholders to determine a funding formula for grant disbursements to pretrial services agencies;
6. Exploring options to improve to replace the case management system used by pretrial services agencies; and
7. Monitoring the use of the case management system to ensure that comprehensive definitions are developed and used, and necessary data is consistently and uniformly entered.

At the March 26 meeting, the Crime Commission presented results of a needs assessment survey of stakeholders (including local government managers as well as judges, magistrates, jail administrators, and pretrial services directors) conducted earlier this year to gauge awareness and understanding of the program; perceived value of the services and supervision; the working relationship among stakeholders; and adequacy of training.

Commission staff reported that stakeholders overall possessed good awareness and understanding of the program, and responded positively regarding the value of the program, working relationships, and overall training. Stakeholder concerns included notification of bail condition violations; the case management system; and the credibility of the risk assessment tools used to assess potential participants. Also of concern were funding and resource levels, including allocation of resources; funding formula for allocation of state funds; and stability of state funding.

The stakeholder group has been broken down into three workgroups: risk-based magistrate decision making; pretrial services investigations and resources; and data and outcomes. These groups will meet separately during the spring and summer. The whole stakeholder group will meet again on July 11 in Staunton, and on September 19 in Richmond.

In addition to this stakeholder group, DCJS is convening additional workgroups to delve into specific issues, including overall funding and funding allocations.

VML contact: Janet Areson jareson@vml.org

 

Latest curveball for CSA – parental consent affecting access to funding

The Children’s Services Act (CSA) never seems to be without controversy; the latest issue concerns parental consent to share information about a child and his/her Individualized Education Plan (IEP) with a local Family Assessment and Planning Team (FAPT) and Community Policy and Management Team (CPMT) in order for CSA funding to be used for a private special education placement. In short, if a parent does not consent for a school division to share a child’s information with the FAPT/CPMT, the teams cannot verify that a child is eligible for CSA funding, and no CSA pool funds can be used for that placement.

The Virginia Office of the Attorney General and Office has advised the Office of Children’s Services that a local school division is responsible for the costs of that placement (i.e., no state funds would be available because state special education funds for such placements are folded into the CSA pool of funds). The Code of Virginia does allow a school division to appeal to the State Executive Council (SEC) if a parent refuses to sign a consent form, but the SEC must abide by federal and state privacy laws as well as requirements to verify eligibility for funding under CSA.

The Office of Children’s Services is working with the Virginia Department of Education to alert school divisions and CSA coordinators to the situation and requirements under the law, and to try to find ways to clarify how consent requests are communicated to parents. If the situation cannot be cleared up, it may mean revisiting the consent process and even the inclusion of the special education funding in the CSA pool so that school divisions have access to the state share of funding even if parental consent for CSA involvement is denied.

VML contact: Janet Areson jareson@vml.org

 

Statewide interoperability planning continues

The statewide interoperability executive committee continued with its planning process at its first meeting in 2018, which was held March 27.

The goal of the Statewide Interoperability Executive Committee is and has been to ensure that emergency communications are seamless throughout the various jurisdictions of the Commonwealth. While this sounds simple, it is a daunting task given all the variables; i.e. types of radios, system requirements, different groups of people, etc. Of course, as with all initiatives, money is an obstacle that has not yet been overcome.

Deputy Secretary of Public Safety and Homeland Security Ryant Washington attended the meeting for the first time (he was appointed to his position in December) and provided support from the Governor’s office for the group’s mission. Also in attendance was Marty McClain from the Office of Emergency Communications in the Department of Homeland Security, who offered federal assistance in providing training and updates to some of Virginia’s interoperability plans. The committee was informed that the state interoperability coordinator position is currently vacant; the goal is to fill this position in the next 60 days so that this group can use federal assistance and work to update their plans.

This group will meet again when the new Coordinator is hired and continue discussing interoperability.

FirstNet is a public safety broadband system that the Federal government has contracted. FirstNet provided an update on its roll-out on the AT&T network while Verizon has just offered a similar product.   While Virginia was the first state to agree to use FirstNet, localities are not mandated to use it. Richmond and Fairfax County are in the early stages of using FirstNet; more information on the effort in Richmond is posted at https://bit.ly/2q63p3A.

VML contact: Michelle Gowdy, mgowdy@vml.org

 

By right solar legislation signed

SB429 (Stanley) and HB508 (Hodges), the “by right” solar bills, have been signed by Governor Northam. The bills have a delayed enactment of January 1, 2019. The bills allow, by right, property owners to install certain solar facilities subject to very limited conditions. The bills were amended to include the following “…Any other proposed solar facility, including any solar facility that is designed to serve, or serves, the electricity or thermal needs of any property other than the property where such facilities are located, shall be subject to any applicable zoning regulations of the locality.”

Staff Contact: Mike Polychrones mpolychrones@vml.org

 

Potential options for ammonia mitigation allowed

Two bills that direct the Virginia Department of Environmental Quality to allow municipal wastewater systems more time to comply with proposed Federal clean water regulations and ammonia mitigation improvements – should they take effect — have been approved by the Governor and will go into effect on July 1, 2018.

HB1475 and SB344 were introduced to have DEQ oversee compliance should EPA regulations that were proposed in 2016 are finalized. It is not clear, however, if the current administration will continue with the process in the first place. If EPA does move for compliance, then the legislation will allow the Commonwealth to oversee compliance and allow localities more time to comply.

Staff Contact: Mike Polychrones mpolychrones@vml.org

 

Please respond to brief “med cottages” survey

The Virginia Housing Commission is gathering information on “temporary family health care structures,” also known as med cottages. You can help by sending your answers to the brief survey that follows to Joni Terry at VML (jterry@vml.org).

1. Have any temporary family health care structures (as defined under Code of Virginia § 15.2-2292.1) been erected in your locality?
2. If so, have any actually been removed?
3. Your name & locality:

Thank you for your help!

 

Energy conference to be held April 26

The Virginia Renewable Energy Alliance’s (VA-REA) is holding a conference on leveraging recent legal and regulatory changes to increase renewables in Virginia on April 26 at McGuireWoods Consulting, 800 E Canal St., Richmond, VA 23219.

This one-day event brings together key players and industry experts to discuss the many significant developments in renewable energy policy that are coming to Virginia. Learn from the best how recent legislative, executive, and regulatory actions will affect organizations. Local issues and best practices for deploying renewables in Virginia’s communities also will be discussed.

These topics will be covered:

• Recent legislative and executive branch catalysts for renewable energy in Virginia;
• The current and future regulatory landscape for renewable energy in the Commonwealth; and
• How Virginia’s renewable energy industry can partner with localities to increase wind and solar adoption.

Additional information can be found at https://bit.ly/2q1k8F5.

Don’t forget to turn in nominations for policy committees

Please act now to submit your nominations to serve on VML’s six policy committees! Nominations are due April 18 (if your locality has elections in May, a revised form can be submitted after the elections). The form for submitting nominations is posted at https://www.vml.org/wp-content/uploads/pdf/2018VMLPolicyNominationsForm1.pdf.

The six policy committees are 1) Community & Economic Development; 2) Environmental Quality; 3) Finance; 4) General Laws; 5) Human Development & Education and 6) Transportation. Information on the role of the policy committees is posted at https://www.vml.org/advocacy/policy-committees/.

The policy committees meet in late July in the Richmond area. The date and meeting location are being confirmed; that information will be sent to committee members, local government managers and clerks.

Please email or call Janet Areson at VML with any questions (jareson@vml.org; 804-523-8522).

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 30, 2018 – Action Alert   Calls needed today and tomorrow on landscape materials bill Action needed: Oppose HB1595 (Wilt) The House Counties, Cities and Towns subcommittee #2 will consider HB1595 at its Feb. 1st meeting, which starts at 4:00 pm.  This bill prevents localities from passing local ordinances to regulate landscaping materials.  It is limited to real property owners who […]
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• 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 […]
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