eNews March 24, 2023
Friday, March 24, 2023 - 04:07pm
This edition of eNews is sponsored by:
At MITRE, we solve problems for a safer world. Through our federally funded R&D centers and public-private partnerships, we work across government to tackle challenges to the safety, stability, and well-being of our nation. Read more >
In this issue:
- VML policy committee nomination process underway
- General Assembly update and OSHA risk mitigation training to be held in Onancock on March 29
- Comprehensive General Assembly update from VML staff members to be offered virtually April 26 and 27
- Broadband Together Conference registration and information now available!
- EPA issues best-practices memo for assessing cybersecurity risks in water and wastewater utilities
- Virginia Opioid Abatement Authority: Best practices for local governments in the allocation of opioid settlement funding
- Webinar: “Clean Energy Funding for Rural Communities” happening April 12
- USEPA Region Mid-Atlantic Summit happening May 17
- Electric vehicle charging infrastructure: Federal grant opportunity for local governments
- Webinar: VDOT revenue sharing applicant training happening May 10
VML News
VML policy committee nomination process underway
VML full-member communities recently received information about the 2023 VML policy committee nominations process. This information was sent to the point of contact for each of VML’s member localities (typically the manager) as well as municipal clerks, who coordinate the nominations process for their community. Nominations are due by May 15.
VML has five policy committees:
- Community & Economic Development
- Finance
- General Laws
- Human Development & Education
- Infrastructure
Each VML community may nominate two members to each of the five committees.
The policy committee will meet in late July – exact dates will be finalized in the coming days.
VML’s policy committees address continuing and emerging issues of statewide importance to its member local governments. Committees hear presentations on issues, discuss the issues and recommend policy positions for consideration by the full membership, and provide recommendations to the VML legislative committee on priority issues.
Questions about the policy process? Email Janet Areson at the below address.
VML Contact: Janet Areson, jareson@vml.org
General Assembly update and OSHA risk mitigation training to be held in Onancock on March 29
VML and the Virginia Risk Sharing Association (VRSA) are pleased to offer a morning of updates about bills and budget items affecting localities from the 2023 General Assembly session including the status of proposed legislation dealing with short term rentals. This will be followed by presentations on topics critical to local risk mitigation such as cybersecurity, marijuana legislation and reasonable suspicion, and site inspections.
This is a free, in-person event. Complimentary lunch will be available following the sessions. Registration is required. Please register by Monday, March 27 (end of day).
- Date: Wednesday, March 29
- Time: 9:00 a.m. – Noon
- Location: Onancock Town Hall (15 North Street, Onancock, VA 23417)
- Registration: Available here >
About VRSA
VRSA’s experienced risk services staff provide site and security assessments to protect their members and their employees. In addition, they provide program and policy review and risk management trainings and workshops. For those entities looking for online training, the VRSA Online University provides free, unlimited courses tailored to public entities on topics such as public safety, cybersecurity, human resources, and OSHA training.
VML Contact: Rob Bullington, rbullington@vml.org
Comprehensive General Assembly update from VML staff members to be offered virtually April 26 and 27
What bills of interest to local governments came out of the 2023 session of the General Assembly? If there is a budget, what does it mean? If there isn’t a budget yet…well, what does that mean?
VML policy staff will address these and other issues during a comprehensive wrap-up webinar that will be free for VML members. There will be two offerings:
- April 26 for Town Section members
- April 27 for City and Urban Section members
Times and registration information to be announced soon!
VML Contact: Rob Bullington, rbullington@vml.org
Broadband Together Conference registration and information now available!
Join us May 17-18 at the Hilton Short Pump in Richmond for Broadband Together 2023. Once again, we will explore topics that help us expand broadband throughout the Commonwealth.
Registration, agenda, room reservations, and more are available here >.
This event is co-hosted by the Broadband Association of Virginia (VCTA), the Virginia Association of Counties (VACo) and the Virginia Municipal League (VML).
Contact: Kimberly Voxland, kvoxland@vcta.com
Courts
“Fairfax County zoning revamp thrown out by Virginia Supreme Court, citing virtual meeting”
Note – This article originally appeared in InsideNoVa on March 23, 2023. It was written by the publisher Bruce Potter. It is reprinted here with permission.
The Virginia Supreme Court has voided a massive zoning modernization plan approved by the Fairfax County Board of Supervisors in 2021 because the board’s approval occurred during a virtual meeting.
The court’s ruling, issued Thursday, could call into question scores of routine decisions made by local governing bodies during the first 15 months of the COVID-19 pandemic. Many of those bodies met virtually, rather than in person, as is required by Virginia’s Freedom of Information Act.
Four Fairfax County residents — David Berry, Carol A. Hawn, Helen H. Webb and Adrienne A. Whyte — challenged the Board of Supervisors’ decision in March 2021 to update and modernize the county’s zoning ordinance, a process known as zMOD. The new ordinance, which replaced one that had been in place since 1978, became effective July 1 of that year.
However, in an opinion written by Justice Wesley G. Russell Jr., the Supreme Court ruled that the board did not have the authority to approve the zoning rewrite in a virtual meeting. The ruling overturned a decision of Fairfax Circuit Court Judge David A. Oblon that dismissed the residents’ complaint.
The Supreme Court ruled that Fairfax County’s “Continuity Ordinance,” adopted in the early days of the pandemic, did not authorize the board to consider and adopt a revised zoning ordinance in an electronic meeting. It also said that the General Assembly, which tried to address the issue and allow virtual meetings in its 2020 budget act, also did not provide enough leeway to supplant the state’s open meeting requirements and allow the board to adopt the zoning modification at meetings conducted by electronic means.
The Supreme Court therefore reversed the Circuit Court decision and declared the board’s approval of zMOD void.
“By failing to hold the meetings at which Z-Mod was considered and ultimately adopted in compliance with VFOIA’s [Virginia Freedom of Information Act] open meeting requirements, the Board’s actions prevented the public from participating in the manner required by VFOIA, and thus, potentially limited public participation and input into the process,” Russell wrote in the opinion.
He compared the case to one in which a local governing body fails to provide proper public notice of a zoning ordinance before approving it.
The budget amendment approved by the legislature in 2020 allowed local governing bodies to meet virtually, rather than in person, if the purpose of meeting was to discuss or transact the business statutorily required or necessary to continue operations of the public body and the discharge of its lawful purposes, duties and responsibilities.
The Supreme Court based its ruling on the use of the word “and” in that sentence. It noted rewriting a 40-year-old zoning ordinance was not “necessary to continue operations.”
“It is not a time-sensitive matter, and its adoption is not and was not necessary to allow the County to continue operations,” Russell wrote. “The phrase ‘necessary to continue operations’ in the budget language does not encompass all that the Board may lawfully do, and thus, the budget language cannot be construed as a wholesale license to ignore VFOIA’s open meeting requirements in conducting any and all business that the Board might wish to conduct.”
In 2021, the General Assembly enacted separate legislation that allowed for virtual meetings during the pandemic. It used essentially the same language as the budget amendment but changed the word “and” to “or.” That went into effect July 1, 2021, after the Fairfax zoning modernization was approved.
Megan Rhyne, executive director of the Virginia Coalition for Open Government, said Thursday’s ruling could have major implications.
“If a locality had a continuity ordinance that was similar to Fairfax’s that limited actions to those that were somehow time-sensitive but they nonetheless voted on measures that were NOT time-sensitive in an all-electronic meeting during the period between the pandemic shut-down in March 2020 and the July 2021 legislation, there could be a massive reckoning,” she wrote in a newsletter.
View/Download the opinion here >.
VML Contact: Michelle Gowdy, mgowdy@vml.org
Resources
EPA issues best-practices memo for assessing cybersecurity risks in water and wastewater utilities
The U.S. Environmental Protection Agency issued a memorandum to states and public water systems (PWS) proposing best practices for evaluating water and wastewater utilities’ vulnerabilities to cybersecurity attacks.
The EPA’s March 2023 memo, “Addressing PWS Cybersecurity in Sanitary Surveys or an Alternate Process,” offers guidance to utilities to assess current cybersecurity practices, develop risk-mitigation plans to address identified vulnerabilities, and offer technical assistance for both evaluations and remedies to reduce risks.
Federal regulations require states to conduct periodic sanitary surveys of public water systems to protect drinking water. EPA interprets the regulations to include operational technology, such as industrial control systems and cybersecurity systems. As part of a state’s periodic sanitary surveys of public water systems, the state will assess a PWS’ cybersecurity adequacy, and if deficiencies are found then the state must require the utility to address them.
The EPA’s 100-page memo offers best practices for cybersecurity self-assessments or third-party assessments, a cybersecurity check-list, information on training and other technical assistance, and suggestions for financial assistance to assess and improve cybersecurity controls.
The EPA memo is available here >.
VML Contact: Mitchell Smiley, msmiley@vml.org
Virginia Opioid Abatement Authority: Best practices for local governments in the allocation of opioid settlement funding
Virginia has already received settlements worth more than $500 million from prescription opioid manufacturers and distributors, and that number could double. Most of these funds will flow to Virginia’s cities and counties for efforts to abate the opioid crisis. As Virginia’s cities and counties develop local and regional plans for the use of these funds, some best practices are beginning to emerge.
The first of these is establishing a local abatement committee comprised of various stakeholders including prevention and treatment specialists, public health, behavioral health, law enforcement, and people with lived experience.
Some communities are holding town hall style public meetings or listening session so that local leaders can hear from residents who have been directly affected by the prescription opioid epidemic, as well as from service providers and community-based organizations. The OAA’s Board of Directors has been following this approach, and has already conducted six public listening sessions around the state. The feedback from these sessions has been instrumental in informing the Board’s strategy for allocating grants.
Local governments are encouraged to engage with community partners, especially those that have already been fighting the opioid epidemic for years. This certainly includes the local Community Services Board, but in addition there are many non-profits, grassroot organizations, treatment providers, and recovery support organizations that want to be involved. During its listening sessions the OAA Board has heard numerous examples of such organizations that have been barely surviving financially, working off of donations and volunteer effort. These organizations often know exactly how to reach the people who are sick and suffering, and have a track record of stretching dollars for maximum impact. The OAA is only able to provide funding to cities, counties and state agencies. This means the opioid settlement funds will not reach these non-government organizations unless there is a partnership with the local government.
The OAA is committed to providing assistance to cities and counties in developing their abatement plans. We offer planning grants and are in the process of launching a series of best-practice webinars and workshops. For more information please visit us at www.voaa.us.
VOAA Contact: Tony McDowell, tmcdowell@voaa.us
Opportunities
Webinar: “Clean Energy Funding for Rural Communities” happening April 12
Please join the Virginia Department of Energy and Weldon Cooper Center for Public Service at UVA for a free, informational webinar to learn about the U.S. Department of Energy’s upcoming Energizing Rural Communities Prize, a funding opportunity for communities of less than 10,000 residents.
- Date: Wednesday April 12, 2023
- Time: 3:30-4:30pm EST
- Registration: Click here to register
This fund is flexible and enables awardees to address the unique challenges of deploying clean energy systems in rural communities. It will award a total of $15 million to individuals and organizations to develop partnership plans and innovative financing strategies that help communities improve their energy systems and organize or finance a clean energy demonstration project.
This prize is for entrepreneurs, university faculty and student groups, community organizations, tribal and local governments, financial institutions, industry professionals and others with ideas to advance clean energy in rural communities.
Register to learn more about this and other upcoming funding opportunities for rural Virginia. Speakers will include guests from the U.S. Department of Energy and National Renewable Energy Lab (NREL).
For more information about the webinar, please visit the event website.
To learn more about this Prize opportunity and possible partnerships in Virginia, please visit the Virginia Forum on the Energizing Rural Communities Prize website.
Weldon Cooper Center Contact: Elizabeth Marshall, emm2t@virginia.edu
USEPA Region Mid-Atlantic Summit happening May 17
Mark your Calendars for Wednesday, May 17, 2023, for the 32nd Annual USEPA Region Mid-Atlantic Summit. This is a virtual summit for the Mid-Atlantic region across federal, state, local, tribal, and non-governmental stakeholders. A day of workshops will focus on issues including environmental justice, climate change, and other key topics in the Mid-Atlantic region.
Registration is coming soon!
The 2nd annual USEPA Region 3 Mid-Atlantic Summit will bring together a broad range of stakeholders from across the nation including federal, state, tribal, and local government partners, as well as non-profits and community-based organizations. The day includes numerous workshops with themes around environmental justice, climate change, innovation, and much more.
See below information about last year’s summit:
VML Contact: Mitchell Smiley, msmiley@vml.org
Electric vehicle charging infrastructure: Federal grant opportunity for local governments
The U.S. Department of Transportation has announced additional opportunities for localities to obtain funds for the rollout of 500,000 electric vehicle chargers this decade. These Charging and Fueling Infrastructure Grants help support communities so that they can fill gaps in electric vehicle charging infrastructure with $700 million available currently. This competitive grant program will provide $2.5 billion to localities, MPOs, states, or other government entities. In particular, the Community Program provides a good amount of flexibility for localities to put infrastructure where it will be most effective.
This grant provides funding for up to 80% of the charging infrastructure which lays a strong foundation for communities of all sizes to invest in a project like this, and cost share can come from private sector or other nonfederal funds.
Applications are due by May 30th, 2023. More information can be found at www.grants.gov and at the Federal Transportation Administration website here.
Contact: CFIGrants@dot.gov
Webinar: VDOT revenue sharing applicant training happening May 10
The Local Assistance Division will be holding a Revenue Sharing Applicant Workshop for Local Governments and VDOT District personnel on Wednesday, May 10, 2023 from 9:00 a.m.-noon.
The webinar will review program eligibility and the application process for the upcoming application cycle which begins May 15, 2023, with the opening of the pre-applications. It is strongly recommended for localities that are interested in applying for Revenue Sharing funding.
Note: Webinar joining information will be sent to registered participants 24 hours prior to the webinar.
About the program
The Revenue Sharing program provides for a dollar-for-dollar match to primary, secondary, or urban improvement, reconstruction, construction, or maintenance projects being funded by counties, cities or towns. The FY 2025 application cycle has enhancements that will improve the application process for both locality and VDOT users.We will discuss the enhancements, availability of funds, project schedules/estimates, and present an overview with helpful hints of the Smart Portal application process.
For more information on the Revenue Sharing program, please refer to the Revenue Sharing webpage and guidance.
VDOT Contact: Michele Piccolomini, Michele.Piccolomini@VDOT.Virginia.gov
