eNews January 16, 2018
Monday, January 15, 2018 - 04:35pm
In this issue:
- Make calls in opposition to “by right” solar bills
- Revised checkbook bill introduced
- Oppose fireworks bills
- Support grocery incentive fund bills
- Keep making calls on wireless infrastructure bills
- Numerous FOIA, COIA bills introduced
Make calls in opposition to “by right” solar bills
SB429 (Stanley) and HB508 (Hodges) severely encroach on local governments’ authority to regulate solar facilities on homes as well as commercial, industrial, institutional, and agricultural structures. The bills allow, by right, property owners to install certain solar facilities subject to very limited conditions.
SB429 has been re-referred to the Senate Committee on Local Government, which meets Tuesdays. It is not likely to be heard today. HB508 will be heard in House Counties, Cities and Towns Committee, which meets Fridays.
It isn’t too early to discuss the problems with these bills with the members of your delegation.
SB429 and HB508:
- Allow a property owner to install a solar facility on the roof of a residential dwelling or other building if the electricity generated is for that building and is in compliance with applicable height and setback requirements as well as any local historic district provisions.
- Allow the owner of any property zoned commercial, industrial, or institutional to install a solar facility on the roof or one or more buildings if the electricity generated is for those buildings and is in compliance with applicable height and setback requirements as well as any local historic district provisions.
- Allow the owner of property zoned agricultural to install a solar facility on the roof of a residential dwelling or on another building or structure if the electricity generated is for those buildings and is in compliance with applicable height and setback requirements as well as any local historic district provisions.
- Allow a ground-mounted solar facility to be permitted if it is in compliance with applicable height and setback requirements as well as any local historic district provisions, unless a local ordinance prohibits it.
Action needed:
Let the members of the Senate Local Government Committee know of your concerns about SB429 and tell the members of the House Counties, Cities and Towns Committee about your concerns with HB508.
Talking points:
- Zoning decisions should be made based upon the best interests of the community.
- Local land use authority rests with locally elected officials who best know their communities and their citizens’ needs.
- Local zoning takes into consideration that the economic, social, cultural, and other conditions are not one size fits all.
- Local zoning recognizes the importance of citizen input. The bill’s provisions remove the ability of our citizens to have meaningful input over the character of their communities.
VML contact: Michelle Gowdy, mgowdy@vml.org
Revised checkbook bill introduced
SB751 (Sturtevant) requires localities with a population greater than 25,000 and each school division with more than 5,000 students to post quarterly on their website a register of all expenditures to include:
- Vendor Name
- Date of Payment
- Amount
- Description of type of expense to include credit card purchases
The bill has a delayed effective date of July 1, 2019.
The bill is improved from the one Senator Sturtevant introduced in the 2017 session, because smaller localities are exempted (at least for now), and some information is exempted (such as that related to court ordered payments and undercover law enforcement officers). However, the bill continues to be a costly, unfunded mandate.
Action needed:
Ask members of the Senate Local Government Committee to oppose the bill.
Talking points:
- Even localities and school divisions that meet the population criteria and that already post their checkbooks on their websites may not meet the requirements of the bill.
- If a locality uses a third-party vendor to process credit card payments, there is no efficient way to put online the information required under the bill because the detail would not be in general ledger or accounts payable systems.
- Many localities and school divisions will have to change accounting software and systems, which will be expensive.
- All expenditures and related information are already available through the FOIA process, unless an exemption applies.
VML contact: Michelle Gowdy, mgowdy@vml.org
Oppose fireworks bills
SB173 (Stanley) and SB778 (Suetterlein) would allow consumer grade fireworks to be sold in Virginia. Currently, the Virginia Code prohibits consumer fireworks and this is a good thing! The bills have been re-referred to the Senate Finance Committee, but they are not on the docket for tomorrow’s meeting.
Action needed:
Let the members of Senate Finance Committee know of your opposition to these bills. It is not certain when they will be heard.
Talking points:
- In 2016, an estimated 11,100 fireworks injuries were treated in the United States, with thirty percent of those to individuals under the age of twenty. Expanding the types of fireworks allowed in Virginia will create more injuries and put more of our youth at risk.
- Fireworks start an average of 18,500 fires per year, totaling $43 million in direct property damage. Consumer fireworks are not only dangerous to individuals, but result in property damage that is expensive for property owners and for local governments responsible for fighting the fires.
- It is difficult to control where these fireworks land, and their use most often occurs during hot, dry summer weather. They can easily ignite dead leaves and dry grass when they land.
VML contact: Michelle Gowdy, mgowdy@vml.org
Support grocery incentive fund bills
Three bills would create a Virginia Grocery Investment Program and Fund to support the construction and expansion of grocery stores, small food retailers, and innovative food retail projects in underserved communities. Item 106O of the introduced budget includes a general fund appropriation of $3.75 million in each year of the biennium for this program.
HB69 (McQuinn) and HB85 (Bell, Richard) will be heard in House Appropriations and SB37 (Stanley) will be heard in Senate Finance. The bills have not yet been put on the calendars of either committee.
Please be sure to let your members of House Appropriations and Senate Finance know of your support for this effort, which will improve access to healthier food choices in food “deserts”.
VML contact: Janet Areson, jareson@vml.org
Keep making calls on wireless infrastructure bills
Please make sure you are communicating with your delegate(s) and senator(s) about legislation that would eliminate most local authority over the operation and installation of new wireless structures.
HB1258 (Kilgore) will be heard in the House Commerce and Labor Committee. The Senate version of the bill, SB405 (McDougle), will be heard in the Senate Commerce and Labor Committee.
VML sent out an action alert January 10 urging that calls be made to House members in opposition to HB 1258 (Kilgore). Those talking points apply to SB405 as well.
Please let Michelle Gowdy (mgowdy@vml.org) know of any feedback or questions.
Numerous FOIA, COIA bills introduced
There is a long list of bills introduced to amend the Conflict of Interests Act and the Freedom of Information Act. VML will monitor these bills and take positions that are consistent with our policy statements. We will send out alerts or additional stories in Enews as needed.
There are several FOIA bills that relate to the right to speak at open meetings. These bills are problematic because they contemplate public comment at every public meeting, which includes subcommittees, work sessions, etc. Further, the bills do not limit the subject, so persons could testify about a rezoning or other issue during public comment and at the public hearing at the same meeting.
There are also several bills that define “custodian” and expand that definition to include a person who possess a public record as well as the creator of the record. Historically the records came from the creator to ensure accuracy of the record.
Here is a listing of FOIA bills introduced and of interest.
HB1309 (Roem) Protected Information; newspersons engaged in journalism
HB1306 (Habeeb) Certain identifying information confidential; separate addendum
HB1277 (Garrett) Short Title; findings; principles of information practice
HB1172 (Pillion) Exclusions to application of chapter; health and social services records
HB1147 (Convirs-Fowler) Sealing of court and police records; nonviolent misdemeanor offenses
SB580 (Hanger) Data collection and dissemination; governance
SB564 (Obenshain) Public Access to nonconfidential court records
HB213 (Mullin) Virginia Freedom of Information Advisory Council; formal advisory opinions; immunity from civil penalty
SB523 (Obenshain) Voter identification; electronic pollbooks to contain photographs of voters.
SB657 (Lewis) Virginia Freedom of Information Act; exclusion of records related to public safety.
SB630 (Surovell) Virginia Freedom of Information Act; civil penalty
SB751 (Sturtevant) Localities and school divisions; posting of register of funds expended
SB727 (Stuart) Virginia Freedom of Information Act; exemptions; courts of record; courts not of records; the Office of the Executive Secretary.
SB512 (Suetterlein) Virginia Freedom of Information Act; scholastic records; student telephone numbers and student personal email addresses
HB940 (Roem) Office of the Attorney General; Freedom of Information Act Ombudsman created
HB957 (Yancey) Virginia Freedom of Information Act; definition of “custodian”
HB504 (Mullin) Virginia Freedom of Information Act; definition of “custodian”
HB958 (Yancey) Virginia Freedom of Information Act; records containing both excluded and nonexcluded information; duty to redact
HB959 (Yancey) Virginia Freedom of Information Act; transfer of public records
HB1101 (Robinson) Virginia Freedom of Information Act; right to speak at open meetings
HB1247 (Cline) Virginia Freedom of Information Act; right to speak at open meetings
SB336 (Peake) Virginia Freedom of Information Act; right to speak at open meetings
HB1275 (Aird) Virginia Freedom of Information Act; record exclusion for trade secrets supplied to the Virginia Department of Transportation
SB399 (Lewis) Local or regional drug overdose fatality review teams.
SB513 (Suetterlein) Enhanced Public Safety and Telephone Services Act
SB657 (Lewis) Virginia Freedom of Information Act; exclusion of records related to public safety.
For your information, here is a listing of COIA bills introduced and of interest.
HB212 (Wright) State and Local Government Conflict of Interests Act; school boards and school board employees.
HB566 (Gooditis) Virginia Conflict of Interest and Ethics Advisory Council; annual inspection of disclosure forms.
HB567 (Gooditis) Conflicts of Interests Acts, State and Local Government and General Assembly; bundled gifts.
HB655 (Murphy) State and Local Government Conflict of Interests Act; disclosure by local government officers.
HB666 (Kilgore) State and Local Government Conflict of Interests Act; school boards and school board employees.
HB913 (Simon) General Assembly Conflicts of Interests Act; disclosure of tax credits.
HB989 (Gilbert) Virginia Conflict of Interest and Ethics Advisory Council; formal advisory opinions.
HB990 (Gilbert) Virginia Conflict of Interest and Ethics Advisory Council; deadline extensions.
HB991 (Gilbert) State and Local Government Conflict of Interests Act; disclosures; Virginia College Savings Plan.
HB992 (Gilbert) State and Local Government Conflict of Interests Act; disclosure statements; multiple positions.
SB12 (Petersen) Conflict of Interests Acts, State & Local Gov’t, & General Assembly; post-service restrictions.
SB124 (Black) Conflict of Interests Act, State and Local Government; relatives of school board members.
SB289 (McClellan) Virginia Conflict of Interest and Ethics Advisory Council; public documents; redactions.
SB298 (Norment) Virginia Conflict of Interest and Ethics Advisory Council; deadline extensions.
SB301 (Favola) State and Local Government Conflict of Interests Act; school boards and school board employees.
VML contact: Michelle Gowdy, mgowdy@vml.org
