eNews January 26, 2018
Friday, January 26, 2018 - 04:09pm
In this issue:
- Legislative Day is fast approaching
- Wireless infrastructure bills
- Handy chart attached
- On-line checkbook registry bill to be heard Tuesday
- Call Senators on solar bills
- Call Senators about SB440, costly bill to local governments
- Marijuana bills coming up in Senate Courts next week
- Stormwater bill poses problems
- Bills would require jails to contract with CSBs for mental health services
- Senate Local Government faces full docket
- FOIA update
- Sunscreen bill runs into trouble
- Increases in penalties for zoning violations proposed
Legislative Day is fast approaching
Don’t miss the chance to come to Richmond and visit with your legislative delegation at VML’s 2018 Legislative Day, to be held Wednesday, Jan. 31. You will hear from Governor Ralph Northam, Secretary of Finance Aubrey Layne, Secretary of Transportation Shannon Valentine and a representative with the Wireless Infrastructure Association. The program begins at 2:00 p.m. but registrants can pick up information packets beginning at 11:30 a.m. at the Library. A reception will take place from 5:00 – 6:30 p.m.
Please make sure you register for this informative event! On-line registration and details are available here.
Wireless infrastructure bills
The alert sent out earlier today listed the wrong patron for SB405, the bill that eliminates most local authority over the installation and operation of most new wireless structures. Senator McDougle is the patron and we apologize for the error. Also, we are urging the adoption of resolutions opposed to SB405 and HB1258, but if your meeting schedule does not allow time for this, please consider having the mayor/board chair write a letter in opposition.
Handy chart attached
This is crunch time in the General Assembly. There are a lot of bills that we are asking you to weigh in on. A chart that organizes our “asks” is posted here, and the fuller explanation of these issues, except for the wireless infrastructure and fireworks bills, follows below. Please see the alert sent out earlier today for information on the wireless infrastructure and fireworks bills.
On-line checkbook registry bill to be heard Tuesday
Make sure you have talked to members of the Senate Local Government Committee about SB751 (Sturtevant). The bill will be heard Jan. 30. Be sure to look at the impact statement. The bill 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 the vendor name, date of payment, amount and description of type of expense (including credit card purchases).
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.
- The experience in at least one locality with its current on-line portal is that people logging into the portal are primarily from outside of the United States.
- Many localities and school divisions may have to change accounting software and systems. If they do, it will be expensive.
- Administrative time will be required to ensure that confidential information is not displayed.
- All expenditures and related information are already available through a locality’s budget or through the FOIA process, unless an exemption applies.
Call senators on solar bills
Ask your senator to oppose SB429 (Stanley) and SB 179 (Stanley), which will be heard Tuesday, Jan. 30 in the Senate Local Government Committee.
SB429 is the “by right” solar bill that severely encroaches on local governments’ authority to regulate solar facilities on homes as well as on commercial, industrial, institutional, and agricultural structures. The bills allow, by right, property owners to install certain solar facilities subject to very limited conditions. Talking points on the bills are included in the January 16 eNews at this address.
SB179 declares that solar facilities meeting certain conditions would be deemed to be substantially in accord with the comprehensive plan. Those conditions include: 1) if the facility is located in a zoning district that allows solar facilities by right; 2) if the solar facilities will serve the electricity or thermal needs of the property on which it is located, or that will be operated by utilities offering net metering or 3) if the solar facility is advertised and approved in a public hearing process. VML opposes the bill, which singles out the solar industry for a change in the review process. Other industries will quickly want the same change.
VML contacts: Michelle Gowdy, mgowdy@vml.org; Mike Polychrones, mpolychrones@vml.org
Call Senators about SB440, costly bill to local governments
Members need to weigh in with their Senators on SB440 (Wexton), which would eliminate the requirement that elected school boards receive prior authorization from the local governing body before initiating any legal action or proceeding against any other governmental agency in Virginia. The bill would retain the requirement for appointed school boards only.
The bill was reported on a 8-7 vote from Senate Education and Health Thursday morning and is now before the full Senate.
It does not matter that a school board is elected or appointed; none of them have taxing authority, so giving them the ability to initiate potentially expensive legal action without any input from the body that would ultimately pay the legal bill – the city or town council or county board of supervisors – is a troubling and likely very costly proposal for local governments.
Please tell your senator(s) that this bill is not an appropriate initiative until and unless the General Assembly grants school boards taxing authority.
VML contact: Janet Areson (jareson@vml.org)
Bills would require jails to contract with CSBs for mental health services
SB878 (Dunnavant) and HB1487 (Stolle) would add the provision of mental health services to local and regional jails on the list of CSB-mandated services, and would require jails to contract with CSBs for such services. SB 878 was reported by the Senate Committee on Rehabilitation and Social Services today and referred to the Senate Finance Committee (a move supported by VML); HB 1487 is on the House Health, Welfare and Institutions Committee docket.
VML has concerns about these bills; namely that the funding for this new mandate is unclear; that the Joint Commission on Health Care is in the middle of a two-year study of health and mental health services in local and regional jails; and that several regional jails already have contracts with private sector providers for health and mental health services, and it is unclear whether such contracts could continue. That could drive up health and mental health care costs for jails, and ultimately for local governments.
VML contact: Janet Areson (jareson@vml.org)
Stormwater bill poses problems
SB367 (Newman) would allow localities who impose a stormwater fee to either partially or completely exempt airports from the fees regardless of whether the airport is working to reduce stormwater pollution or not. The bill will be heard Tuesday afternoon in the Senate Local Government Committee.
Talking points are included in VML’s Jan. 18 eNews.
VML contact: Michelle Gowdy, mgowdy@vml.org
Marijuana bills coming up in Senate Courts early Monday morning, Jan. 29
House bills failed in committee
On Monday, Jan. 29, the Senate Courts of Justice will take up a number of marijuana-related bills, including SB597 (Vogel), which addresses the expanded affirmative defense to prosecution for medical use of marijuana as prescribed by a licensed medical practitioner, and SB726 (Dunnavant), that expands the use of medical marijuana for conditions as deemed appropriate by a licensed medical practitioner. This bill is a recommendation of the Joint Commission on Health Care.
VML supports these measures.
HB137 (Levine) and HB1063 (Heretick) were both unable to get through a House Courts subcommittee on Wednesday. Levine’s bill would have expanded the affirmative defense to prosecution for the possession or distribution of marijuana if a person has a valid written certification issued by a practitioner licensed by the Virginia Board of Medicine to prescribe cannabidiol oil or THC-A oil for the treatment of several chronic or terminal medical conditions. Heretick’s bill would have changed the Code of Virginia to make anyone found to be in simple possession of no more than 0.5 oz. of marijuana for personal use subject to a civil, not criminal penalty.
VML contact: Janet Areson (jareson@vml.org)
Senate Local Government faces full docket
The Senate Local Government Committee also has these bills on its docket for Tuesday, Jan. 30:
- S.B. 448 (Chafin) will allow localities in the coalfield region to establish revitalization zones in which incentives could be used to encourage private sector redevelopment of abandoned schools. VML supports.
- SB 290 (McClelland) would grant all localities the authority to adopt affordable dwelling unit ordinances. Currently, only a few localities have this authority. VML supports.
- SB 371 (Chafin) allows localities to establish and regulate various water-related activities on property adjacent to public waterways. The bill also expands the exemption for liability for conduct of these activities. VML supports.
- SB 451 (Dance) grants localities expanded tools to address properties being used for commercial sex trafficking or prostitution. The bill is a recommendation of the Virginia Housing Commission. VML supports.
- S.B. 714 requires that expenditures promoting the locality under §15.2-940 have to first be approved by the local governing body. VML has concerns as local dollars are already approved through the budgeting process, and the members of the EDA are appointed by local governing bodies. Further, most EDA funds are not local tax dollars.
FOIA update
Call Senate General Laws committee members in opposition to SB336
FOIA bills before the Senate General Laws Committee on Monday, Jan. 29 include:
- SB336 (Peake), requiring that every public body include a public comment period during any open meeting. VML opposes the bill. The biggest issue is that the public comment requirement would extend to every public meeting, including subcommittees, work sessions, etc.
- SB630 (Surovell) provides for a civil penalty of up to $100 per record to be levied for failing to provide public records because they were destroyed or altered. The bill also allows the court to impose a civil penalty of $500 on members of a public body who voted to certify a closed meeting that was not in accordance with FOIA requirements. VML opposes the bill.
House committee reports other FOIA bills
The House General Laws Committee reported several FOIA bills yesterday. All these bills were recommended by the Freedom of Information Advisory Council, and that increases the likelihood that they will pass. VML supports these bills.
- HB905 (Robinson) specifies what can and cannot be considered a trade secret.
- HB906 (Robinson) amends the definition of electronic communication to include the use of technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities to transmit or receive information.
- HB907 (Robinson) consolidates existing provisions regarding public meetings conducted by electronic communication means.
- HB908 (Robinson) revises FOIA requirements regarding electronic meetings.
- HB909 (Robinson) clarifies that the discretionary exemptions contained in the Freedom of Information Act pertaining to law-enforcement and criminal records may be used by any public body, not just public bodies engaged in criminal law-enforcement activities.
VML contact: Michelle Gowdy, mgowdy@vml.org
Sunscreen bill runs into trouble
HB 330 (Yancey) would allow public school children to carry and use topical sunscreen on school buses, school property, and at school-sponsored events without a note or prescription from a licensed health care professional as long as the sunscreen is approved by the U.S. Food and Drug Administration. This is not currently allowable under Virginia law. The bill ran into some questions from a Senate Education and Health Subcommittee about scented versus unscented, and whether or not it was in its original packaging. While the group preliminarily agreed to reporting the bill, it asked that it come up again before the Subcommittee on Monday morning to answer some of the questions posed about it. VML supports this common-sense legislation.
VML contact: Janet Areson (jareson@vml.org)
Increases in penalties for zoning violations proposed
The full House next week will consider HB709 (John Bell), which as amended in committee increases the maximum fine for misdemeanor conviction of a zoning violation from $1,000 to $2,000. The bill also increases the maximum fine for failure to remove or abate the zoning violation after conviction from $1,500 to $2,000 for succeeding 10-day periods. VML supports.
SB 187 (Favola) is identical to the amended version of HB709. It is on the Senate floor awaiting final passage.
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
