eNews April 15, 2022
Friday, April 15, 2022 - 03:22pm
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In this issue:
Transportation and Natural Resources
- Amended transportation and natural resources bills that affect localities
- Vetoed transportation and natural resources bills that affect localities
- Amended health and human Services bills affecting local governments
- Vetoed health and human Services bills affecting local governments
- Amended bills that affect local government operations
- Vetoed bills that affect local government operations
- Broadband Together event coming May 18-19 in Richmond
- AASHTO offering free transportation project management training webinars beginning April 21st
- VML now accepting entries for 2022 Innovation Awards
- Get published in VML’s magazine! Tell us about your favorite outdoor recreation location in Virginia
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
