eNews February 7, 2018
Wednesday, February 07, 2018 - 02:09pm
In this issue:
- Wireless bills reported from committee
- Online checkbook registry bill reported
- Landscape materials bills need your input!
- Planning process bill amended; reported
- FOIA update
- Affordable dwelling unit bill reported
- School construction bill moves upstairs
- Procurement update
- Stormwater/airports bill recommended for striking
- Proffer measures carried over to be studied
Wireless bills reported from committee
Keep up the pressure
Both the wireless zoning (SB405-McDougle) and public rights-of-way use fees (SB823-McDougle) bills were reported out of the Senate Commerce & Labor Committee on Monday. VML continues to oppose these bills and asks that you contact your delegation and let them know that their localities continue to oppose these bills.
The House companions, HB1258 and HB1427 went by for the day in the full House today but probably will be on the floor for a vote later this week. Please make sure your delegates know that you oppose this bill!
Talking points and template for resolution.
VML contact: Michelle Gowdy, mgowdy@vml.org
Online checkbook registry bill reported
Please contact your Senator in opposition
SB751 (Sturtevant) is the checkbook bill and while it is limited to populations of over 25,000 and school systems with over 5,000 students, VML opposes it because it is an unfunded mandate. Unfortunately, this bill sailed out of Senate General Laws with only 3 no votes. Please contact your delegation to let them know that localities oppose this bill. Talking points.
VML contact: Michelle Gowdy, mgowdy@vml.org
Landscape materials bills need your input!
Senate bill reported; House bill to be heard today
SB972 (Obenshain), the landscape materials bill, was reported from Senate Local Government on Tuesday evening, Feb. 6. The issue of a local landscape materials ordinance was litigated in the City of Harrisonburg and the City prevailed. This bill not only discredits the court decision, but harms localities in that the regulations of landscaping materials next to housing is a fire safety issue that should be addressed at the local level. In addition, the regulation of landscape materials should not be in the vesting rights section of the Code of Virginia. VML opposes this bill; please call your senator in opposition.
The House counterpart, HB1595 (Wilt), will be heard in the House Counties, Cities, and Towns subcommittee on Wednesday. Please oppose this bill as well!
VML contact: Michelle Gowdy, mgowdy@vml.org
Planning process bill amended; reported
SB993 (Reeves) restricts the ability of localities to hold presubmission conferences, meetings or reviews for proposed plats, site plans or plans of development. The bill was first amended to remove restrictions on the timelines for approval that were included in the original bill, and was then reported from Senate Local Government on Tuesday, Feb. 6.
VML contact: Michelle Gowdy, mgowdy@vml.org
FOIA update
HB1101 (Robinson) would have required that every public body hold a public comment period at four meetings per year provided that the public body hold four meetings a year. The concern with this bill is that there are already over 100 locally mandated requirements for public hearings in the Virginia Code; public comment would be required at advisory committees where there is no authority to act; and the FOIA Council refused to endorse this legislation. HB1101 died in House General Laws subcommittee #4 on Feb. 6, but there is a Senate version that goes even farther because it does not have the four-meeting restriction. SB336 (Peake) has passed the Senate.
SB921 (Ebbin) deals with engineering and construction drawings and plans submitted for single-family residential dwellings for the purpose of complying with the Uniform Statewide Building Code or the Statewide Fire Prevention Code. The bill strikes the words “shall be confidential” but still exempts these records from the Freedom of Information Act unless you are the applicant or the owner of the property. This bill passed out of Senate General Laws on Feb. 5 and is on the Senate floor.
VML contact: Michelle Gowdy, mgowdy@vml.org
Affordable dwelling unit bill reported
SB290 (McClellan) expands the opportunities for affordable dwelling unit ordinances. VML supported the bill.  After a lot of debate, it was reported out of Senate Local Government Tuesday evening. Please urge your Senator to support!
VML contact: Michelle Gowdy, mgowdy@vml.org
School construction bill moves upstairs
HB1431 (Bell, Richard), which would create a new school construction grant program at the Virginia Public Building Authority, was reported from House Education Committee and referred to House Appropriations today. VML supports this bill.
VML contact: Janet Areson, jareson@vml.org
Procurement update
HB574 (Hodges) adds stream restoration and stormwater management to the items for which cooperative procurement can be used. The bill sailed out of House General Laws subcommittee #4 on Tuesday and should be before the full committee on Thursday. This added VML supports this bill. SB688 (Ruff), the Senate companion, has passed the Senate.
SB317 (Ruff) was continued until 2019. This bill dealt with public procurement and contracting for construction on a construction management basis.
VML contact: Michelle Gowdy, mgowdy@vml.org
Stormwater/airports bill recommended for striking
HB1004 (Byron) would have required localities to waive stormwater fees for public airport taxiways and runways. A House Agriculture, Chesapeake and Natural Resources subcommittee recommended on Feb. 6 that the bill be striken. Our thanks to VML members who contacted their delegates about this bill, which VML opposed.
VML contact: Mike Polychrones, mpolychrones@vml.org
Proffer measures carried over to be studied
SB458 (Peake), SB469 (Reeves), SB957 (Black) and SB208 (Stuart) all relate to proffers, and were all carried over to what Senator Stanley, the Chairman of Senate Local Government, referred to as the “proffer party!” Senator Stanley indicated that he would host the party over the summer to have a discussion on the impact of the 2016 proffer bill (SB549-Obenshain) to see what, if any, changes should be made in this statute.
VML contact: Michelle Gowdy, mgowdy@vml.org
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 – 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
