eNews Jan. 22, 2019

Tuesday, January 22, 2019 - 04:27pm

In this issue:

Scooter bill gains momentum
Proffer bills move forward
Impact fee bills recommitted
Housing Commission bills reported
Update on procurements bills
Outdoor signs bill referred
Other bills to watch

Still scooting along: Local authority to regulate scooters scoots ahead

Efforts increasingly focus on an improved version of one of three related bills

Three bills (HB2752-Pillion, HB2214-J. Jones, and HB2232-Bagby) have now been introduced that would affect the authority of localities to regulate motorized scooters and similar devices. As introduced, each of these would have limited the ability of counties, cities, and towns to decide where and how scooters could be used on streets, sidewalks, and other public places. A number of localities around the state have begun pilot programs to determine how these rental scooters should be regulated. Most localities would like to wait until the pilots are over (likely sometime in 2019) before passing statewide legislation. Scooter companies, however, want to begin the legislative process this session.

A House Transportation Subcommittee approved a heavily revised version of HB2752 Tuesday morning. As revised, the bill is much more favorable toward localities than the original version, and for the most part will allow localities to reasonably regulate companies that provide rental scooters, as well as the use of these scooters on streets and sidewalks. The subcommittee tabled HB2214. Although HB2232 is still alive, it is unlikely to be approved, since the subcommittee already passed HB2752. Representatives of localities will continue to work to “fine tune” HB2752, which is likely to come up for a vote by the full Transportation Committee on January 24.

VML Contact: Bernie Caton, bernard.caton@verizon.net

Proffer bills moving forward

HB2342 (Thomas) and SB1373 (Favola) are similar bills that make extensive changes to conditional zoning. HB2342 has been reported by the House Counties, Cities & Towns Committee and is working its way to the House floor and SB1373 passed the Senate bill on Jan. 31. Another House proffer bill, HB1801 (Ware) will be before the House Counties, Cities & Towns Committee probably this Friday. The bill is now identical to HB2342.

Other proffer bills in the Senate have been passed by or incorporated into SB1373, including SB1143 (Peake) and SB1524 (Black).

VML Contact: Michelle Gowdy, mgowdy@vml.org

Impact fees bills recommitted from Senate floor

SB208 (Stuart) and SB944 (Stuart) make the existing impact fee provisions available for use by any locality that includes within its comprehensive plan a calculation of the capital costs of public facilities necessary to serve residential uses. The bills were on the Senate floor but on Jan. 17 were recommitted to the Senate Local Government Committee.

VML Contact: Michelle Gowdy, mgowdy@vml.org

Housing Commission bills move forward

The Senate General Laws and Technology Committee reported on Jan. 21 several bills coming from the Housing Commission:

SB1445 (Locke) allows a tenant to pay all amounts claimed on a summons for unlawful detainer and have the unlawful detainer dismissed.
SB1448 (Locke) changes the terminology from writ of possession to writ of eviction and that an order of possession will remain effective for 180 days after being granted by the court; it also clarifies that any writ of eviction not executed within 30 days will be vacated as a matter of law.
SB1449 (Locke) creating the Virginia Residential Executory Real Estate Contracts Act which defines installment land contracts, lease option contracts, rent-to-own contracts and requires best practices to be drafted by the Board for Housing and Community Development.
SB1676 (Stanley) requires a landlord to offer a tenant a written rental agreement.

VML Contact: Michelle Gowdy, mgowdy@vml.org

Update on procurement bills

SB1369 (Norment) deals with the statute of limitations on construction contracts and performance bonds. VML has been working with the interest groups on this bill in an attempt to improve it. The Senate General Laws Committee on Jan. 21 rereferred the bill to the Senate Courts of Justice Committee. The House companion bill (HB1667-Kilgore) has been recommended by a subcommittee and is in House Courts of Justice Committee.

VML Contact: Michelle Gowdy, mgowdy@vml.org

Outdoor signs bill referred

SB1535 (Surovell) attempts to address large signs along the interstate to ensure that they will not fall down. VML is working with interest groups continue to work on this bill. The Senate Senate General Laws and Technology Committee on Jan. 21 rereferred the bill to the Senate Transportation Committee. The bill is not on the docket for this week’s committee meeting on Wednesday so it may be heard next week.

VML Contact: Michelle Gowdy, mgowdy@vml.org

Other bills to watch:

SB1494 (Edwards) creates a cause of action for first responders if the Firefighter and Emergency Medical Technicians Procedural Guarantee Act is not followed appropriately. VML has concerns about this bill and is working with the patron on improvements to it. The bill is in the Senate General Laws and Technology
HB2736 (Hugo) tinkers with the final step of the local government grievance procedure by stipulating that a three-person panel shall be used if an agreement cannot be reached on whether to use a panel hearing or a hearing officer. This bill, in various forms, has been introduced by Delegate Hugo the past few years. The bill will be heard in House Counties, Cities & Towns Subcommittee 2 but has not yet been put on the subcommittee’s docket.
SB1701 (Ebbin) is a short-term rental bill targeted specifically at Fairfax County. VML and localities fought very hard to retain local authority with regard to short term rentals and were successful in 2017 when SB1578 (Norment) was passed. It is vital that localities retain local authority for the regulation of short-term rentals. Defeating SB1701 is important. The bill is in Senate Local Government.

VML Contact: Michelle Gowdy, mgowdy@vml.org