eNews Supplemental Edition: February 1, 2022
Tuesday, February 01, 2022 - 01:16pm
In this issue:
Note – Some of the below legislation was decided in committee after last night’s eNews was sent. If you haven’t already, please review the January 31st edition of eNews as well as the below updates.
In this issue:
- Eminent Domain bills improved in subcommittee
- Law enforcement citizen complaint law amended for the better
- State Fair Labor Standards Act legislation updates
- Sovereign Immunity bill would be costly to local governments
- Local government collective bargaining bills round-up
- Bill seeks to reign in minimum wage increases
Action Alert
Oppose solid waste facility bill before tomorrow morning!
HB1200 (Ware) would prohibit any solid waste facility from being located within 1 mile upland of any private well. HB1200 is scheduled to be heard tomorrow Wednesday February 2 at 7:00 AM by the Natural Resources Subcommittee of the House Agriculture and Natural Resources Committee.
Action Requested
Please oppose this legislation by contacting subcommittee members directly (see below) or submit comments in writing here >.
Talking Points
Points to highlight when communicating with members on HB1200:
- Solid waste facilities must already comply with extensive state and federal regulations throughout their life cycle and after they are decommissioned.
- HB1200 would ban the siting of solid waste facilities within 1 mile upland of any well whether that well is operational or not.
- HB1200 would place a significant additional burden on solid waste facilities without any clear benefit.
- HB1200 would limit the siting of solid waste facilities to such an extent that siting new facilities would be effectively prohibited.
Additional Points:
- HB1200 will have the effect of banning new solid waste facilities as well as the expansion of existing solid waste facilities.
- The potential impact could be the prohibition of the creation and/or expansion of existing or site new solid waste facilities.
- There are significant concerns that this legislation would increase the cost of contracted solid waste services resulting in those costs being passed on to residents.
Subcommittee Members
Natural Resources Subcommittee of the House Agriculture, Chesapeake, and Natural Resources Committee.
| Bloxom | DelRBloxom@house.virginia.gov | (804) 698-1000 |
| Marshall | DelDMarshall@house.virginia.gov | (804) 698-1014 |
| Wilt | DelTWilt@house.virginia.gov | (804) 698-1026 |
| Webert | DelMWebert@house.virginia.gov | (804) 698-1018 |
| Ransone | DelMRansone@house.virginia.gov | (804) 698-1099 |
| Fowler | DelBFowler@house.virginia.gov | (804) 698-1055 |
| Bulova | DelDBulova@house.virginia.gov | (804) 698-1037 |
| Lopez | DelALopez@house.virginia.gov | (804) 698-1049 |
| Williams Graves | DelAGraves@house.virginia.gov | (804) 698-1090 |
| Filler-Corn | DelEFiller-Corn@house.virginia.gov | (804) 698-1041 |
| Ware | DelLWare@house.virginia.gov | (804) 698-1065 |
VML Contact: Mitchell Smiley, msmiley@vml.org
Local Government Legislation
Eminent Domain bills improved in subcommittee
SB666 (Petersen) Eminent domain; lost access and lost profits. In its original form, this bill significantly expanded the costs of condemning property owned by or used for a business by requiring payment for any change of access, instead of the existing loss of access. The bill also greatly expands the ability of the landowner or business owner operating on the land to claim lost profits.
In the Senate Judiciary Civil Subcommittee Monday morning, the patron agreed to removing or otherwise improving the problematic provisions. As a result, lost profits are limited to the three years agreed to by VML in the 2012 legislation that created the lost profits provisions. The loss of access provisions of SB666 were removed in subcommittee.
The existing law required tax returns to be submitted to substantiate profits. For small businesses, it is typical that the business shows no profit because it turns the profits into the salaries of the owners. Due to this, VML has no issue with the amendment that does away with requiring tax returns.
VML is satisfied with the legislation in what appears to be its new form, however, until the revised bill is available online, the status of these issues will not be conclusively known.
SB694 (Obenshain) Eminent domain; various changes to the laws pertaining to condemnation procedures. The original bill required the locality to pay all the expert witness fees and the landowner’s cost of an appraisal. The bill was amended Monday morning to remove these provisions.
The bill requires the court to order the locality to pay the owner for a survey for which the owner contracts. An amendment made Monday morning limits survey costs to $7,500, up from $1,000, due to the years since adoption of the lower amount. The original bill had no maximum limit.
The full Judiciary committee will hear the bills Wednesday or next Monday. No testimony will be allowed at that meeting, due to the General Assembly policy that full committees do not receive such.
VML Contact: Mark Flynn, markkflynn@gmail.com
Law enforcement citizen complaint law amended for the better
SB669 (Surovell) Alleged wrongdoing of law-enforcement employees. In its original form, expanded the rules by applying it to any department with two or more officers; (current law is 10 or more officers) requiring a website to file the complaints; requiring the department to provide the complainant the results of its investigation of the complaint. Senator Surovell has amended the bill to keep the number of police at 10 and to require website publication only if the locality has a website.
VML Contact: Mark Flynn, markkflynn@gmail.com
State Fair Labor Standards Act legislation updates
Several bills were filed this session to change the rules on overtime and other aspects of the Fair Labor Standards Act. The expected resolution will be in a compromised version of HB1173 (Ware) and SB631 (Barker). HB1173 is on the House floor, having been reported from committee. The bills simply provide that all employers must follow the federal FLSA.
One pair of bills attempts to dictate that employees may serve as volunteers for the same employer. SB331 (Reeves) and HB61 (McGuire) are examples. SB331 was stricken by the patron Monday afternoon. HB1017 (Guzman) adds travel time to hours worked.
VML Contact: Mark Flynn, markkflynn@gmail.com
Sovereign Immunity bill would be costly to local governments
HB609 (Bourne) Civil actions against localities and local employees. Would create a significant change in the ability of citizens to sue local governments and local government employees. The bill would do away with sovereign immunity in suits regarding any alleged harm to a plaintiff. The bill would be extremely costly to all local governments and local political subdivisions. The bill has yet to be heard. Next Monday is the likely hearing date. The bill’s prospects are dim. VML opposes the bill.
VML Contact: Mark Flynn, markkflynn@gmail.com
Local government collective bargaining bills round-up
Several bills expand or limit public employee collective bargaining this session. HB790 (LaRock) puts limits on any bargaining contracts with law enforcement employees. The limits are aimed largely at protecting the employers and protecting records that demonstrate an officer’s qualifications. HB336 requires a single “bargaining representative” for the union employees in the locality; HB337 prohibits union contracts from requiring payments from employees for union activities and from providing leave or pay for union activities; HB341 prohibits mandatory union dues.
The bills are in the House Commerce and Energy Subcommittee #1 to be heard this afternoon (Feb. 1st).
VML Contact: Mark Flynn, markkflynn@gmail.com
Bill seeks to reign in minimum wage increases
In the 2020 session, the General Assembly enacted a minimum wage law that increases year to year. HB320 (Freitas) is aimed at removing the increases and capping minimum wage at $11.00 per hour. The House is moving the bill forward. Its fate in the Senate is doubtful.
VML Contact: Mark Flynn, markkflynn@gmail.com
