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Virginia Chapter of the American Planning Association
Final Report
The Virginia General Assembly
Users Note: In order to make this year's final report more accessible and easy to read, we are providing it online. To quickly access a particular subject area, click the subject title in the table of contents. Also, we encourage you to utilize the “print preview” feature of Internet Explorer to print all or to determine which pages you wish to print. To use print preview, select File and Print Preview from the menu bar at the top of your screen. Then enter the page numbers of the pages you wish to print.
Contents:
Condemnation Authority - Passed
Condemnation Authority - Carried to 2007
Condemnation Authority - Defeated
Coordinated Provision of Public Facilities - Passed
Coordinated Provision of Public Facilities - Carried to 2007
Coordinated Provision of Public Facilities - Defeated
Housing Policy, Affordable Housing Plan - Passed
Housing Policy, Affordable Housing Plan - Carried to 2007
Housing Policy, Affordable Housing Plan - Defeated
Land Conservation Fund - Passed
Land Conservation Fund - Carried to 2007
Land Conservation Fund - Defeated
Local Land Use and Growth Management - Passed
Local Land Use and Growth Management - Carried to 2007
Local Land Use and Growth Management - Defeated
Other Issues - Passed
Other Issues - Carried to 2007
Other Issues - Defeated
Regional Planning - Passed
Regional Planning - Carried to 2007
Regional Planning - Defeated
Transportation - Passed
Transportation - Carried to 2007
Transportation - Defeated
Water Supply, Water Quality and Water Planning - Passed
Water Supply, Water Quality and Water Planning - Carried to 2007
Water Supply, Water Quality and Water Planning - Defeated
Legislation:
An Act to amend and reenact §§ 25.1-100, 25.1-209, 25.1-213, 25.1-214, 25.1-219, 25.1-220, 25.1-228, 25.1-229, 25.1-235, 25.1-318, 36-27, and 62.1-98 of the Code of Virginia and to repeal §§ 25.1-226 and 25.1-227 of the Code of Virginia, relating to the removal of commissioners from hearing eminent domain cases and requiring that all eminent domain jurors be freeholders.
Summary as passed: Eminent domain; determining just compensation. Removes the option of the landowner to choose commissioners to hear an eminent domain case. Only jurors or the court shall be permitted to hear such a matter. All of the jurors in an eminent domain proceeding are required to be freeholders in the jurisdiction of the land in question. Additionally, from of an original panel of 13 jurors, each party will be granted four preemptory strikes.
Patron: Cosgrove
Approved and signed by the Governor
An Act to amend and reenact § 25.1-108 of the Code of Virginia, relating to the right of the offer to repurchase.
Summary as passed: Offer of repurchase to former owner; nonwaivable right. Eliminates the language relating to the waiver of the right to the offer of repurchase in cases of eminent domain and clearly states that such right cannot be waived.
Patrons: Suit and Dudley; Senator: O'Brien
An Act to amend the Code of Virginia by adding a section numbered 25.1-205.1, relating to mandatory dispute resolution in condemnation cases.
Summary as passed: Mandatory dispute resolution orientation session. Requires that the parties in a condemnation proceeding attend a dispute resolution orientation session.
Patron: Phillips
An Act to amend and reenact §§ 36-2, 36-3, 36-4, 36-4.1, 36-19, 36-19.2, 36-27, 36-48, 36-48.1, 36-49, 36-49.1, 36-49.1:1, 36-50 through 36-52.1, 36-52.3, 36-53, 36-55.30:2, 36-60, and 58.1-3245.1 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 36-9.1, and to repeal § 36-39 of the Code of Virginia, relating to the Housing Authorities Law.
Summary as introduced: Housing Authorities Law. Makes various changes to the Housing Authorities Law to update its provisions. The bill adds several definitions including "blighted area," "blighted property," "conservation area," "redevelopment area," and "spot blight abatement plan." The bill also reconfirms that the elimination of blight in a redevelopment area, the prevention of blight in a conservation area, and the designation of individual properties as blighted pursuant to a spot blight abatement plan are public uses and purposes. In addition, the bill (i) updates referendum provisions; (ii) clarifies that written notice sent by certified mail to all record owners at their last known address as indicated in the records of the treasurer, current real estate tax records, or the records of any other officer responsible for collecting taxes prior to the use of eminent domain and spot blight abatement proceedings is required; (iii) clarifies that an owner in a proposed redevelopment or conservation area has the right to present testimony before the local governing body objecting to the designation of an area as a redevelopment or conservation area, and to acquisition of their property by negotiated purchase or the use of eminent domain; and (iv) clarifies that farm structures are generally exempt from the Housing Authorities Law and that the right to establish redevelopment or conservation areas and use the process of spot blight abatement shall not abrogate the right to farm as protected in § 3.1-22.28. The bill includes various technical amendments.
Patrons: Suit, Alexander, Dudley and Miller; Senator: O'Brien
An Act to amend and reenact § 15.2-1903 of the Code of Virginia, relating to initiating condemnation.
Summary as introduced: Initiating Condemnation. Requires localities to hold a public hearing prior to adopting an ordinance or resolution initiating a condemnation. Other political subdivisions are also required to hold a public hearing prior to initiating a condemnation.
Patron: Armstrong
Governor's Amendments rejected by the House, Governor must decide to sign or veto the bill as Passed
An Act to amend and reenact §§ 15.2-5214, 15.2-5343, 16.1-319 and 23-50.16:12 of the Code of Virginia, relating to eminent domain; religious corporations and unincorporated churches.
Summary as introduced: Eminent domain; unincorporated churches. Includes "unincorporated churches" with regard to certain eminent domain provisions. Religious corporations are included under current law.
Patron: Joannou
An Act to establish certain land use requirements and eminent domain authority in localities containing certain jet bases and to amend the Code of Virginia by adding in Article 23.1 of Chapter 26 of Title 2.2 a section numbered 2.2-2666.3, relating to Oceana/Fentress Military Advisory Council.
Summary as passed: Land use and eminent domain adjacent to certain jet bases; advisory council. Provides that the governing body of any locality in which a United States Navy Master Jet Base or an auxiliary landing field used in connection with flight operations arising from such Master Jet Base is located shall (i) adopt zoning ordinances that require the governing body to consider certain Navy guidelines in deciding discretionary applications for property in noise levels 70 dB DNL or greater, (ii) undertake an evaluation of undeveloped properties located in noise zones 70 dB DNL or greater to determine the suitability of such properties for rezoning classifications that would prohibit incompatible uses, (iii) adopt such ordinances or take such other actions as may be recommended in any Joint Land Use Study that has been officially approved by the Navy and the governing body of the locality, and (iv) establish programs to purchase land or development rights from willing sellers in the corridor of land underneath the flight path between the Master Jet Base and the auxiliary landing field known as an interfacility traffic area.
Also, such localities are granted authority to exercise the limited right of eminent domain at the request of property owners in acquisition of any lands, easements, and privileges for the purpose of protecting public safety by providing unobstructed airspace for the landing and takeoff of aircraft utilizing such Master Jet Base and preventing incompatible development within Accident Potential Zone 1 areas surrounding such Master Jet Base. This bill also creates the Oceana/Fentress Military Advisory Council as a subunit of the Virginia Military Advisory Council. The provisions of this act and all authority therein shall terminate in the event that the aircraft and activities necessary to support the operations of a Master Jet Base are designated for realignment outside the locality. This bill is identical to SB 565.
Patrons: Suit, Cosgrove, Englin, Iaquinto and Parrish; Senators: Deeds and Stolle
An Act to amend and reenact § 25.1-408 of the Code of Virginia, relating to eminent domain.
Summary as passed House: Eminent domain. Raises from $50,000 to $75,000 the cap on relocation expenses that may be paid to certain persons displaced from their business or farm operation.
Patrons: Griffith, Athey, Callahan, Cosgrove, Crockett-Stark, Dudley, Frederick, Gear, Gilbert, Iaquinto, Kilgore, Landes, Lingamfelter, Lohr, Marshall, D.W., May, O'Bannon, Rapp, Scott, E.T., Suit, Tata, Welch, Wittman and Wright
A BILL to amend and reenact § 36-46 of the Code of Virginia, relating to regional and consolidated housing authorities; eminent domain.
Summary as introduced: Powers of regional and consolidated housing authorities. Prohibits any regional housing authority or consolidated housing authority from acquiring property through the exercise of the power of eminent domain. This bill, which amends the article relating to regional housing authorities, applies to consolidated housing authorities because the provisions of the chapter applicable to regional housing authorities are applicable, by statutory reference, to consolidated housing authorities. Currently, regional housing authorities and consolidated housing authorities enjoy the same power of eminent domain that is statutorily afforded to housing authorities created for cities and counties.
Patron: Cuccinelli
Committee substitute printed 065349720-S1
Also, such localities are granted authority to exercise the limited right of eminent domain at the request of property owners in acquisition of any lands, easements, and privileges for the purpose of protecting public safety by providing unobstructed airspace for the landing and takeoff of aircraft utilizing such Master Jet Base and preventing incompatible development within Accident Potential Zone 1 and clear zone areas surrounding such Master Jet Base. This bill also creates the Oceana/Fentress Military Advisory Council as a subunit of the Virginia Military Advisory Council. The provisions of this act and all authority therein shall terminate in the event that the aircraft and activities necessary to support the operations of a Master Jet Base are designated for realignment outside the locality. This bill is identical to HB 975.
Patron: Stolle
A BILL to amend and reenact § 25.1-108 of the Code of Virginia, relating to condemnation; offer to repurchase.
Summary as introduced: Condemnation; offer to repurchase. Provides that if a condemnor has acquired a fee simple interest in property by exercise of its power of eminent domain and subsequently fails to use the property for the declared public use for which it was condemned within three years of being vested with the title to such property, the condemnor shall offer, within 30 days following such determination, to sell such property to the former owner. The offer to sell shall be made by the condemnor at the price paid by the condemnor to the former owner plus interest at the annual rate of six percent; provided that the condemnor may increase the price by the fair market value of the condemnor's improvements, determined at the time the offer to sell is made. If a condemnor has acquired a fee simple interest in property by exercise of its power of eminent domain and subsequently fails to use the property for the declared public use for which it was condemned within 15 years of being vested with the title to such property, the condemnor shall offer, within 30 days following such determination, to sell such property to the former owner. The offer to sell shall be made by the condemnor at the fair market value of the property and improvements at the time of the offer.
Patron: Marshall, R.G.
Continued to 2007 in House General Laws
A BILL to amend and reenact § 36-49.1:1 of the Code of Virginia, relating to spot blight abatement; condemnation.
Summary as introduced: Spot blight abatement; condemnation. Provides that any property acquired by eminent domain pursuant to spot blight abatement provisions shall not be rezoned by a locality to a more intensive use than that which existed at the time of the condemnation.
A BILL to amend and reenact § 25.1-101 of the Code of Virginia, relating to compensation for condemned property.
Summary as introduced: Compensation for condemned property. Includes business losses and highway access in the definition of compensation that a property owner is entitled to should his property be condemned.
Patrons: Landes, Athey, Callahan, Cosgrove, Dudley, Gear, Gilbert, Marshall, D.W., Morgan, Oder, Rust, Scott, E.T., Wittman and Wright
Continued to 2007 in House Courts of Justice
A BILL to amend the Code of Virginia by adding a section numbered 33.1-95.2, relating to adjustment or relocation of outdoor advertising structures in lieu of just compensation in certain condemnation actions.
Summary as introduced: Outdoor advertising. Provides for adjustment or relocation of certain outdoor advertising structures in lieu of payment of just compensation in certain condemnation actions.
Patron: Hugo
Continued to 2007 in House Transportation
Proposing an amendment to Section 11 of Article I of the Constitution of Virginia, relating to due process of law; taking of private property; and other matters.
Summary as introduced: Constitutional amendment (first resolution); exercise of eminent domain powers. Provides that the taking of private property by eminent domain for the primary purpose of tax revenue enhancement does not constitute a permissible public use.
Patron: Rapp
Continued to 2007 in House Privileges and Elections
Patron: Williams
Continued to 2007 in Senate Transportation
A BILL to amend and reenact § 36-49.1:1 of the Code of Virginia, relating to housing authority law; spot blight abatement; interest on liens.
Summary as introduced: Housing authority law; spot blight abatement; interest on liens. Gives a locality a lien on property declared a nuisance when the locality, and not the owner, abates or removes the nuisance at its expense. The bill provides that this lien shall bear interest at the legal rate of interest established in § 6.1-330.53, beginning on the date the removal or abatement is completed through the date on which the lien is paid. The bill also provides for the same interest rate for liens on property declared to be blighted.
Patrons: Cuccinelli, Howell and Ticer; Delegates: Amundson, Moran, Plum, Rust, Scott, J.M., Sickles and Watts
01/26/06 House: Referred to Committee on General Laws
Continued to 2007 in House Counties, Cities and Towns
Proposing an amendment to Section 11 of Article I of the Constitution of Virginia, relating to taking of private property.
Summary as introduced: Constitutional amendment (first resolution); exercise of eminent domain powers. Removes the General Assembly's power to define the "public uses" for which property may be condemned. The amendment provides that the term “public uses” shall mean only the possession, occupation, and enjoyment of land by the general public or by public agencies, or the use of land for the creation or functioning of public utilities. Moreover, public benefits or potential public benefits, including economic or private development, or an increase in the tax base, tax revenues, employment, or general economic health, do not constitute a public use. Furthermore, the proposed amendment makes it a judicial question whether private property is being condemned for a permissible public use.
Continued to 2007 in Senate Privileges and Elections
A BILL to amend and reenact §§ 15.2-1800 and 15.2-1814 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 1-237.1, and to repeal § 15.2-1900 of the Code of Virginia, relating to eminent domain; definition of public uses.
Summary as passed House: Eminent domain; definition of public uses. Provides a definition of public uses as embracing only the ownership, possession, occupation, and enjoyment of land by the public or public agencies, and public corporations and public service companies. The bill states that public benefits or potential public benefits including economic development or private development, an increase in the tax base, tax revenues, employment, or general economic health and welfare shall not be considered when determining whether a use constitutes a public use.
Patrons: Suit, Albo, Athey, Bell, Brink, Callahan, Cole, Cosgrove, Crockett-Stark, Dudley, Frederick, Gear, Hugo, Hurt, Johnson, Kilgore, Landes, Lingamfelter, Lohr, McQuigg, Miller, Morgan, Orrock, Parrish, Peace, Purkey, Rust, Tata, Waddell, Ware, R.L., Wittman and Wright; Senators: Deeds, O'Brien and Ruff
Conference Committee Recommendation Failed to Pass House. Similar to SB394.
A BILL to amend and reenact § 15.2-1901 of the Code of Virginia, relating to condemnation authority outside local boundaries.
Summary as introduced: Condemnation authority outside locality's boundaries. Requires localities condemning property outside their boundaries to first obtain consent from the locality in which the property is located.
Patron: Cole
Left in House Courts of Justice
A BILL to amend and reenact §§ 15.2-1900 and 15.2-1901 of the Code of Virginia, relating to local condemnation authority; definition of public use.
Summary as introduced: Local condemnation authority; definition of public uses. Amends the definition of "public uses" for which localities may exercise the power of eminent domain such that public use shall not include any condemnation of property by a locality, or by any entity regulated by the State Corporation Commission, that (i) is made with the intent of making the property available for ownership or use by a private entity unless any benefits that will accrue to the private entity as a result of its ownership or use of the property are merely incidental when compared to the benefits that will accrue to the public or (ii) is otherwise predominantly for a private purpose.
Patrons: Marshall, R.G., Albo, Athey, Gear, Gilbert, Hugo, Kilgore and Lingamfelter
Incorporated by House Courts of Justice HB94-Suit which Failed
A BILL to amend and reenact § 36-49.1:1 of the Code of Virginia, relating to spot blight abatement; costs for repair or disposal of property.
Summary as introduced: Spot blight abatement; costs for repair or disposal of property. Authorizes a locality exercising the power to acquire or repair blighted property to assess against the owner the anticipated costs of any repair or disposal of the property. The costs that are assessed will be a lien on the property.
Patron: Jones, D.C.
A BILL to amend and reenact § 25.1-203 of the Code of Virginia, relating to reimbursement for damages.
Summary as introduced: Reimbursement for damages. Requires the court to award the property owner legal fees and costs in a condemnation proceeding if the petitioner maliciously damaged the property or the court awards the property owner at least 20% more than the petitioner's offer.
Patron: Wittman
Summary as introduced: Eminent domain; definition of public uses. Provides a definition of public uses and specifies instances in which the condemnation of real property may be used by a public entity to convey such property to a nongovernmental person or entity. Under the bill, "public uses" shall not include the use of eminent domain authority to condemn property if the intent is to increase or enhance tax revenues unless the increased or enhanced tax revenues are merely incidental when compared to the benefits that will accrue to the public.
Patrons: Marshall, R.G., Albo, Athey, Gear and Gilbert
Summary as introduced: Local condemnation authority; definition of public uses. Amends the definition of "public uses" for which localities may exercise the power of eminent domain such that public use shall not include any condemnation of property by a locality that (i) is made with the intent of making the property available for ownership or use by a private entity unless any benefits that will accrue to the private entity as a result of its ownership or use of the property are merely incidental when compared to the benefits that will accrue to the public or (ii) is otherwise predominantly for a private purpose.
Incorporated by House Courts of Justice HB94-Suit which Failed to pass
A BILL to amend and reenact § 25.1-101 of the Code of Virginia, relating to eminent domain; economic development.
Summary as introduced: Condemnation; economic development. Provides that no state funds shall be used for any condemnation undertaken for purposes of economic development, including blight removal, unless approved by the General Assembly and the Governor.
Patron: Purkey
A BILL to amend and reenact § 36-49.1:1 of the Code of Virginia, relating to spot blight abatement; eminent domain.
Summary as introduced: Spot blight abatement; eminent domain. Provides that for purposes of determining just compensation for property condemned pursuant to spot blight abatement provisions, the value of the property condemned shall be determined as follows: (i) 50% of compensation to be based on the fair market value of the property at the time of condemnation, (ii) 25% of compensation to be based on projected fair market value of the land one year after completion of the redevelopment project, and (iii) 25% of compensation to be based on projected value of the land three years after completion of the redevelopment project.
Incorporated by House General Laws into HB699-Suit which Approved and signed by the Governor.
A BILL to amend and reenact § 25.1-100 of the Code of Virginia, relating to the definition of public uses.
Summary as introduced: Eminent domain; definitions. Provides that the definition of "public uses" shall not include the taking of private property for the primary purpose of tax-revenue enhancement.
Patrons: Iaquinto, Athey, Callahan, Cosgrove, Crockett-Stark, Dudley, Gilbert, Kilgore, Landes, Lingamfelter, Lohr, Marshall, D.W., Morgan, Nutter, O'Bannon, Peace, Rapp, Sherwood, Suit, Welch, Wittman and Wright
A BILL to amend and reenact § 15.2-1900 of the Code of Virginia, relating to eminent domain; public use.
Summary as introduced: Eminent domain; public use. Redefines public use to exclude public purposes such as an increase in tax revenue or an increase in jobs.
Patrons: Landes, Athey, Callahan, Cline, Cosgrove, Crockett-Stark, Frederick, Gear, Gilbert, Hargrove, Hurt, Morgan and Scott, E.T.
Incorporated by House Courts of Justice into HB94-Suit which failed to pass
A BILL to amend and reenact § 25.1-203 of the Code of Virginia, relating to reimbursement for damages from entry on property by the Virginia Department of Transportation.
Summary as introduced: Reimbursement for damages for entry by Virginia Department of Transportation. Provides that a property owner shall have the right to recover costs against VDOT should he prevail at the condemnation proceeding.
Patrons: Landes, Athey, Byron, Callahan, Cosgrove, Crockett-Stark, Dudley, Gear, Gilbert, Jones, S.C., Lohr, Morgan, Nutter, O'Bannon, Oder, Rust, Scott, E.T. and Wittman
A BILL to amend and reenact §§ 15.2-1800 and 15.2-1814 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 1-237.1, and to repeal § 15.2-1900 of the Code of Virginia, relating to definition of public uses.
Summary as introduced: Condemnation; public uses. Defines "public uses" as embracing uses of property where, following its acquisition by exercise of the power of eminent domain, (i) the ownership, possession, occupation, and enjoyment of the property shall be by the Commonwealth or by a political subdivision thereof or (ii) the public at large shall have the legal right to use the property, including use of the property by a public utility that is accountable to the public in its use of the property. Article I, Section 11 of the Constitution authorizes the General Assembly to define "public uses" for which property may be acquired by exercise of the power of eminent domain. An existing section defining "public uses" as embracing all uses necessary for public purposes is repealed.
A BILL to amend and reenact §§ 15.2-907 and 36-49.1:1 of the Code of Virginia, relating to costs of blight abatement.
Summary as introduced: Costs of blight abatement. Authorizes localities to place a lien on blighted properties repaired or acquired by the locality to recover interest at the annual rate of six percent on the cost of improvements made by the locality to bring such property in compliance with applicable building codes or the cost of disposing the property. Currently, localities are authorized to charge simply the costs, but not any interest thereon, of blight abatement to the property owner.
Patrons: Bulova, Eisenberg, Scott, J.M. and Watts; Senator: Devolites Davis
Left in House Counties, Cities and Towns
A BILL to amend and reenact §§ 15.2-1900 and 15.2-1901 of the Code of Virginia, relating to eminent domain; definition of public uses.
Summary as introduced: Eminent domain; definition of public use. States that public uses shall not include the taking of private property for the primary purpose of economic development or tax revenue enhancement.
Patrons: Iaquinto, Athey, Callahan, Cosgrove, Dudley, Gilbert, Jones, S.C., Kilgore, Landes, Lingamfelter, Morgan, O'Bannon, Peace, Rapp, Sherwood, Welch, Wittman and Wright
Patron: Bell
A BILL to amend and reenact § 15.2-1902 of the Code of Virginia, relating to condemnation.
Summary as introduced: Condemnation proceedings; political subdivisions. Makes provisions that are applicable to localities also applicable to all other political subdivisions.
Patron: Hull
A BILL to amend and reenact § 15.2-1900 of the Code of Virginia, relating to eminent domain.
Summary as introduced: Eminent domain; economic development. Provides that in any instance in which a substantial purpose of a condemnation is economic development, a locality must demonstrate that the condemnation is related to the redevelopment of an area that is at least two-thirds blighted.
Patron: O'Brien
Incorporated by Senate Courts of Justice into SB394-Stolle which Failed to pass
Patron: Obenshain
Stricken at the request of Patron in Senate Courts of Justice
Summary as introduced: Eminent Domain; public use. Provides a definition of public uses and specifies instances in which the condemnation of real property may be used by a public entity to convey such property to a nongovernmental person or entity. This bill incorporates SB 131, SB 336, and SB 631
Patrons: Stolle, Blevins, Devolites Davis, Hanger, Quayle, Rerras, Ruff, Stosch, Wampler and Williams
Conference Committee Recommendation Failed to Pass in Senate
A BILL to amend and reenact § 15.2-1900 of the Code of Virginia, relating to definition of "public use."
Summary as introduced: Condemnation; "public use" defined. Defines "public uses," as mentioned Article I, Section 11 of the Constitution of Virginia, as the possession, occupation, and enjoyment of land by the general public or by public agencies, or the use of land for the creation or functioning of public utilities. In addition, the bill provides that public benefits or potential public benefits, including economic or private development, or an increase in the tax base, tax revenues, employment, or general economic health, do not constitute a public use. Furthermore, the proposed amendment makes it a judicial question whether private property is being condemned for a permissible public use.
None
Housing - Passed
An Act to amend the Code of Virginia by adding in Article 7 of Chapter 32 of Title 58.1 a section numbered 58.1-3295, relating to real estate assessments; affordable housing.
Summary as passed House: Real property assessments; affordable housing. Provides that (i) certain federal, state or local restrictions, as well as special expenses be considered in determining the fair market value and the capitalization rate for certain real property designated as affordable housing, and (ii) federal and state income tax credits with respect to real property shall not be considered real property or income attributable to real property.
Patrons: Rapp and Scott, J.M.
Signed and Approved by the Governor
An Act to amend and reenact § 36-96.2 of the Code of Virginia, relating to exemptions to the Virginia Fair Housing Law.
Summary as passed House: Exemptions to the Virginia Fair Housing Law. Removes exemption of single family-house from the Fair Housing Law section relating to restrictive covenants. Section 36-96.6 states in pertinent part that any restrictive covenants based on race, color, religion, national origin, sex, elderliness, familial status or handicap are void and against Virginia public policy. Incorporates HB 696.
Patrons: Melvin and Lewis
Approved and Signed by the Governor
SB 46 Local housing rehabilitation zones; created.
An Act to amend the Code of Virginia by adding in Title 36 a chapter numbered 1.5, consisting of a section numbered 36-55.64, relating to local rehabilitation zones.
Summary as introduced: Local rehabilitation zones. Authorizes localities to designate housing rehabilitation zones for the establishment of incentives to rehabilitate housing stock in the zone and to perform general improvement of the neighborhood. Incentives include reduced user fees, special tax incentives, special zoning, expedited permitting, and the waiver of tax liens under certain circumstances. In addition, the locality is authorized to establish a special service district to expand or improve the public infrastructure in the zone.
Patron: Locke
An Act to amend and reenact § 55-79.92 of the Code of Virginia, relating to the Condominium Act; conversion condominiums; notice to locality.
Summary as introduced: Condominium Act; conversion condominiums; notice to locality. In the case of receipt of an application for a condominium that is a conversion condominium, the agency shall, within five business days, also issue a notice of filing to the chief administrative officer of the county or city in which the proposed condominium is located, which notice shall include the name and address of the applicant and the name and address or location of the proposed condominium.
Patrons: Whipple, Howell and Ticer; Delegates: Amundson, Callahan, Moran, Plum, Rust, Scott, J.M. and Watts
Housing - Carried to 2007
A BILL to amend and reenact §§ 36-137, 36-139, 36-141, 36-142, 36-147, 36-150, 46.2-749.129, and 58.1-344.3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 36-147.1, relating to dedicating a certain portion of recordation tax and fee revenues; Virginia Housing Trust Fund.
Summary as passed House: Virginia Housing Partnership Trust Fund; dedicating recordation tax revenues. Changes the name of the Virginia Housing Partnership Trust Fund to the Virginia Housing Trust Fund. The bill provides for 50 percent the annual revenue collections from taxes and fees imposed pursuant to the Virginia Recordation Tax Act (§ 58.1-800 et seq.) that are in excess of the official estimates in the general appropriation act to be transferred to the Fund. The bill also provides that a portion of the fund shall be used to provide matching funds to localities that have both established a local housing fund and appropriated local moneys to the fund. Under the bill, the Department of Housing and Community Development is required to establish criteria for the allocation of the matching funds to eligible localities and to annually report on the allocation of matching funds. In addition, the bill authorizes grants to be made from the Fund to support innovative housing projects and low and moderate income housing projects that are located in areas experiencing extreme shortages of such housing.
Patrons: Suit, Johnson, Scott, J.M. and Toscano
Continued to 2007 in Senate Finance
A BILL to amend and reenact § 55-79.94 of the Code of Virginia, relating to the Condominium Act; conversion condominiums; rights of certain elderly or disabled persons.
Summary as introduced: Condominium Act; conversion condominiums; rights of certain elderly or disabled persons. Gives a tenant in a conversion condominium who is elderly or disabled and eligible for a lease extension under current law and ordinance, the ability to assign the right to purchase his unit to a government agency, housing authority, or nonprofit corporation for the purpose of leasing that unit back to the tenant and keeping the unit as affordable housing.
Patron: Englin
A BILL to amend and reenact §§ 36-55.63, 36-137, and 36-139 of the Code of Virginia and to amend the Code of Virginia by adding in Article 13 of Chapter 3 of Title 58.1 a section numbered 58.1-439.12:02, relating to tax credits for low-income housing units.
Summary as introduced: Community Housing Tax Credit. Establishes a tax credit that would replace the current low-income housing tax credit. Any developer or investor who builds or substantially rehabilitates a multifamily housing project that qualifies for the federal low-income housing tax credit would be eligible for a tax credit equal to 50% of the cost to acquire the land for the multifamily housing project. However, the credit would not exceed an amount equal to $5,000 multiplied by the number of low-income housing units placed in service as a result of the project. The developer or investor would not be able to claim more than $500,000 in tax credit in any taxable year. The credit would have a five-year carryover period. Any unused credit could be transferred to another taxpayer for use on a Virginia income tax return. The Board of Housing and Community Development would be required to promulgate guidelines for the credit.
Continued to 2007 in House Finance
A BILL to amend and reenact §§ 36-137, 36-139, 36-141, 36-142, 36-147, 36-150, 46.2-749.129, and 58.1-344.3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 36-147.1 and by adding in Chapter 8 of Title 58.1 a section numbered 58.1-818, relating to dedicating recordation tax revenues; Virginia Housing Trust Fund.
Summary as introduced: Virginia Housing Partnership Trust Fund; dedicating recordation tax revenues. Changes the name of the Virginia Housing Partnership Trust Fund to the Virginia Housing Trust Fund. The bill provides for $0.02 of the recordation tax to be transferred to the Fund. The bill also provides that a portion of the fund shall be used to provide matching funds to localities that have both established a local housing fund and appropriated local moneys to the fund. Under the bill, the Department of Housing and Community Development is required to establish criteria for the allocation of the matching funds to eligible localities and to annually report on the allocation of matching funds. In addition, the bill authorizes grants to be made from the Fund to support innovative housing projects and low and moderate income housing projects that are located in areas experiencing extreme shortages of such housing.
Patron: Whipple
Continued to 2007 in Senate Finance. This is identical to HB92.
A BILL to amend and reenact § 15.2-2305 of the Code of Virginia, relating to affordable housing.
Summary as introduced: Affordable housing dwelling unit programs; ordinances. Provides that a locality may, in its zoning ordinance establishing an affordable housing dwelling unit program, exempt nonprofit organizations that develop housing for low- and moderate-income persons from subdivision provisions that impair such organizations' ability to subdivide land. In addition, owners of multifamily dwelling units are required to provide notice to the housing authority having an area of operation in which they are situated of their intent to sell or transfer ownership of such unit(s). Failure to provide the notification will not be the basis for invalidation of any sale, but may subject the terms of the sale to special review by the locality or the attorney for the locality to ensure that such sale has not resulted in a violation of any law by the transferring owner.
Patron: Marsh
Continued to 2007 in Senate Local Government
Housing - Defeated
A BILL to amend and reenact § 15.2-2291 of the Code of Virginia, relating to zoning ordinances for group homes of six or fewer to be considered single-family residences.
Summary as introduced: Zoning ordinances; group homes of six or fewer. Authorizes local governments to adopt zoning ordinances considering a residential facility in which no more than six mentally ill, mentally retarded, or developmentally disabled persons reside, with one or more resident counselors or other staff persons, as residential occupancy by a single family. Any group home licensed prior to July 1, 2006, for occupancies of greater than six will be authorized to continue to operate pursuant to the zoning ordinance in effect at the time of its establishment.
Passed by indefinitely in House Counties, Cities and Towns
A BILL to amend and reenact § 36-96.2 of the Code of Virginia, relating to exemptions to the Fair Housing Law.
Summary as introduced: Exemptions to the fair housing law. Removes exemption of single-family house from the Fair Housing Law section relating to restrictive covenants. Section 36-96.6 states in pertinent part that any restrictive covenant based on race, color, religion, national origin, sex, elderliness, familial status, or handicap is void and against Virginia public policy. The above change to the Fair Housing Law exemptions makes § 36-96.6 applicable to single-family homes and their owners.
Patrons: Suit and Howell, A.T.
Incorporated by House General Laws into HB1236-Melvin which has been Approved and Signed by the Governor.
A BILL to amend and reenact § 15.2-2304 of the Code of Virginia, relating to affordable housing ordinances.
Summary as introduced: Affordable housing ordinances. Adds the Town of Leesburg to existing provisions that allow certain localities to provide for an affordable housing dwelling unit program. The program shall address housing needs, promote a full range of housing choices, and encourage the construction and continued existence of moderately priced housing by providing for optional increases in density in order to reduce land costs for such moderately priced housing.
Patrons: May; Senator: Mims
A BILL to amend the Code of Virginia by adding in Article 7 of Chapter 32 of Title 58.1 a section numbered 58.1-3295, relating to real estate assessments; affordable housing.
Summary as introduced: Real property assessments; consideration of affordable housing limitations. Requires local tax assessors to consider the impact of legally imposed rent restrictions on real property operated as affordable housing in determining the fair market value of such property. The bill also provides that federal and state income tax credits with respect to real property shall not be considered real property or income attributable to real property.
Patron: Scott, J.M.
Incorporated by House Finance into HB1173-Rapp which has been Approved and Signed by the Governor
A BILL to amend the Code of Virginia by adding in Chapter 7 of Title 2.2 an article numbered 5, consisting of sections numbered 2.2-721 and 2.2-722, relating to a pilot congregate housing services program for certain elderly individuals.
Summary as introduced: Department for the Aging; congregate housing services pilot program for frail elderly individuals. Directs the Department for the Aging to establish a four-year pilot congregate housing services program for frail elderly individuals. The Department is authorized to enter into contracts with qualified housing projects to establish the congregate housing services programs. The Department, in consultation with the Virginia Department of Housing and Community Development, shall develop criteria for the selection of pilot areas that shall include an assessment of the qualified housing project's proposal for the congregate housing services program and the area's plan for community involvement, including the involvement of the area agency on aging, the local department of social services, and the local department of housing. The Department shall submit to the House and Senate Committees on General Laws a report outlining the plan for the congregate housing services for frail elderly individuals by November 1, 2006. The qualified housing project shall specify the type and priorities of the supportive services it will provide during the term of the contract and such services shall be related to the needs and characteristics of the residents. The qualified housing project shall establish a fee schedule for each supportive service and residents shall contribute financially toward the cost of services, according to their ability to pay based on their income. Any fees charged shall not exceed the cost of providing the services. The Department shall determine an individual's eligibility for the congregate housing services program and the services subsidy, i.e., the sum necessary to provide supportive services to an eligible participant in excess of that individual's ability to pay for services, to be paid by the Department. The Department shall evaluate and report on the impact and effectiveness of the congregate housing services program for frail elderly individuals.
Patrons: Eisenberg, Bulova, Callahan, Hull, Reid and Scott, J.M.; Senator: Ticer
Left in House Appropriations
A BILL to amend and reenact § 58.1-3330 of the Code of Virginia, relating to notice of change in assessment of real property.
Summary as introduced: Real estate reassessment; notice. Requires localities to add onto the notice to taxpayers of real estate reassessments (i) the amount of the immediately prior assessment amount, and (ii) the time and place of the next meeting of the local governing body at which public testimony will be accepted on any real estate tax rate changes.
Patrons: Hall and Ingram
Incorporated by House Finance into HB491-Frederick which was Approved and Signed by the Governor
Left in Senate Finance
Passed by Senate Courts of Justice with a letter to the Housing Commission
Establishing a joint subcommittee to study long-term funding sources for the purchase of development rights to preserve open-space land and farmlands. Report.
Summary as passed: Study; establishing a joint subcommittee to study long-term funding for the purchase of development rights to preserve open-space and farmlands; report. Establishes a joint subcommittee to study long-term funding sources for the purchase of development rights to preserve open-space land and farmlands. This resolution is identical to SJR 94.
Patrons: Lewis, Ebbin, Fralin and Hull
An Act to provide for the submission to the voters of a proposed amendment to Section 6 of Article X of the Constitution of Virginia, relating to property exempt from taxation.
Summary as introduced: Constitutional amendment (voter referendum); property exempt from taxation. Provides for a referendum at the November 2006 election on approval of a proposed constitutional amendment relating to property tax exemptions. The proposed amendment authorizes the General Assembly to enact legislation that will permit localities to provide a partial exemption from real property taxes for real estate and associated new structures and improvements in conservation, redevelopment, or rehabilitation areas.
Patrons: Edwards and Hawkins; Delegate: Ingram
An Act to amend the Code of Virginia by adding in Chapter 32 of Title 58.1 an article numbered 2.2, consisting of a section numbered 58.1-3219.4, relating to a partial exemption from real estate tax for new structures or other improvements in redevelopment or conservation areas or rehabilitation districts.
Summary as passed: Real property tax exemption in redevelopment or conservation areas or rehabilitation districts. Authorizes local governing bodies to provide for the partial exemption from taxation of (i) new structures located in redevelopment or conservation areas or rehabilitation districts and (ii) other improvements to real estate located in redevelopment or conservation areas or rehabilitation districts. The partial exemption would be a percentage of the increase in assessed value as a result of the new structure or improvement or an amount not to exceed 50 percent of the construction cost of such structure or improvement. The local governing body would be allowed to establish criteria for qualifying real estate including, but not limited to, the square footage for new structures. The bill is contingent on a constitutional amendment authorizing the exemption.
An Act to amend and reenact § 10.1-1020 of the Code of Virginia, relating to the Virginia Land Conservation Fund.
Summary as introduced: Purchase of development rights. Authorizes the Virginia Land Conservation Foundation to award moneys from the Virginia Land Conservation Fund for purchase of development rights programs.
Patron: Hanger
An Act to amend and reenact § 3.1-18.6 of the Code of Virginia, relating to the responsibilities of the Secretary of Agriculture and Forestry.
Summary as introduced: Plans to preserve farmland and forestland. Directs agencies that prepare plans for the implementation of policies to preserve important farmland and forestland to submit those plans to the Secretary of Agriculture and Forestry and the Secretary of Natural Resources annually. Presently, plans are submitted to the Secretary of Commerce and Trade and the Secretary of Natural Resources.
Patrons: Hanger and Deeds; Delegates: Landes and Lohr
Proposing an amendment to Section 6 of Article X of the Constitution of Virginia, relating to property exempt from taxation.
Summary as introduced: Constitutional amendment (second resolution); property exempt from taxation. Authorizes the General Assembly to enact legislation that will permit localities to provide a partial exemption from real property taxation for real estate and associated new structures and improvements in conservation, redevelopment, or rehabilitation areas.
Passed by House and Senate and awaiting the Governors signature.
Summary as passed: Study; open-space land and farmland preservation; report. Establishes a joint subcommittee to study long-term funding sources for the purchase of development rights to preserve open-space land and farmlands.
Patrons: Hanger and Hawkins
A BILL to amend and reenact § 58.1-816 of the Code of Virginia, relating to distribution of state recordation tax to cities and counties.
Summary as introduced: State recordation tax; additional distribution to localities. Provides that 50% of the amount of state recordation taxes collected that are attributable to deeds and other instruments recorded shall be apportioned and distributed annually to or for each such county or city, beginning June 30, 2007. This provision applies to any county or city that has a Purchase of Development Rights program in effect, or has filed a statement of intent with the Virginia Department of Agriculture and Consumer Services that it will create such a program within three years or less from the date of such filing.
Patron: Lewis
A BILL to amend and reenact §§ 58.1-3230, 58.1-3236, 58.1-3237, 58.1-3240, and 58.1-3241 of the Code of Virginia and to amend and reenact part of Chapter 675 of the Acts of Assembly of 1984, carried by reference in the Code of Virginia as § 58.1-3229, relating to assessments of real property devoted to water-dependent use.
Summary as introduced: Assessment of real estate devoted to water-dependent use. Establishes and defines, for special assessment for land preservation, real estate devoted to water-dependent use. Consistent with constitutional mandate for establishing and defining such real estate, the bill provides that the General Assembly has determined that the classification of real estate devoted to water-dependent use is in the public interest for the preservation or conservation of such real estate. All provisions applicable to real estate devoted to agricultural, horticultural, forestal, and open space uses apply equally to real estate devoted to water-dependent use. In addition, the commissioner of the revenue or duly appointed assessor shall value real estate devoted to water-dependent use in the same manner he values real estate devoted to agricultural, horticultural, forestal, or open space use. Moreover, if property is subsequently rezoned to water-dependent, it shall be eligible for consideration for special assessment and taxation only after three years have passed since the rezoning was effective. Furthermore, the Director of the Department of Conservation and Recreation, the State Forester, and the Commissioner of Agriculture and Consumer Services shall provide, to the commissioner of the revenue or duly appointed assessor of each locality adopting a land-use plan, a statement of the standards which shall be applied uniformly throughout the Commonwealth in determining whether real estate is devoted to water-dependent use. The provisions of this act become effective on January 1, 2009 upon the passage of a constitutional amendment authorizing such provisions.
Patrons: Wittman and Lewis
SB 243 Vehicle registration fees; additional fee to support Land Conservation Fund.
A BILL to amend and reenact § 46.2-694 of the Code of Virginia, relating to vehicle registration fees; additional fee to support Virginia Land Conservation Fund.
Summary as introduced: Vehicle registration fees; additional fee to support the Virginia Land Conservation Fund. Provides that, on and after January 1, 2008, an additional fee of $1 per year will be imposed on motor vehicle registrations, with the proceeds to be used to support the Virginia Land Conservation Fund.
Patron: Ticer
A BILL to amend and reenact §§ 58.1-512 and 58.1-513 of the Code of Virginia, relating to land preservation tax credits.
Summary as introduced: Income tax; land preservation tax credits. Expands the land preservation tax credit by removing the $100,000 annual credit limit that a taxpayer may take for qualified donations of conservation easements and putting a $2.5 million or 50% of the fair market value, whichever is less, cap on each donated easement. However, the credit may exceed $2.5 million, up to 50% of the fair market value of the donated interest if (i) the taxpayer has submitted two qualified appraisals from two different qualified appraisers, and (ii) the Secretary of Natural Resources, who has the sole discretion, has determined that the qualified donation provides exceptional benefit to the Commonwealth by meeting standards adopted by the Virginia Land Conservation Foundation. It also requires the filing of a statement for less-than-fee interest donations that describes how such interest meets the requirements of IRC § 170(h). It also adds, as qualified donations, easements on historic buildings or a complex of historic buildings or a portion of such buildings if the building is listed on the Virginia Landmarks Register, provided there are restrictions on the exterior surfaces of the building or complex of buildings. A fee of 1% of the value of the donated interest, or $5,000, whichever is less, is imposed on any taxpayer who transfers unused tax credits.
Patrons: Ware, R.L., Albo, Athey, Callahan, Cosgrove, Fralin, Gear, Gilbert, Jones, S.C., Kilgore, Landes, Marshall, D.W., Morgan, Nutter, O'Bannon, Rust, Wittman and Wright
Left in House Finance
A BILL to amend and reenact §§ 58.1-512 and 58.1-513 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 58.1-512.1, relating to land preservation tax credits.
Summary as passed House: Income tax; land preservation tax credits. Removes the $100,000 annual credit limit that a taxpayer may take for qualified donations of conservation easements and requires the filing of a statement for less-than-fee interest donations that describes how such interest meets the requirements of IRC § 170(h). It also adds as qualified donations easements on historic buildings or a complex of historic buildings or a portion of such buildings if the building is listed on the Virginia Landmarks Register, provided there are restrictions on the exterior surfaces of the building or complex of buildings. A fee of 1% of the value of the donated interest, or $5,000, whichever is less, is imposed on any taxpayer who transfers unused tax credits. It also allows the tax credits to pass at the death of the taxpayer to his estate and allows the estate to transfer unused tax credits.
Patrons: Ware, R.L., Abbitt, Albo, Athey, Barlow, Bell, Byron, Cline, Cosgrove, Cox, Crockett-Stark, Dudley, Eisenberg, Gilbert, Hall, Howell, W.J., Hugo, Hull, Johnson, Kilgore, Landes, Lingamfelter, Lohr, Marshall, D.W., Marshall, R.G., McClellan, Moran, Morgan, Nutter, Poisson, Shuler, Sickles, Toscano, Valentine and Wittman
Conference Committee Recommendation Failed to Pass House
A BILL to amend and reenact § 58.1-512 of the Code of Virginia, relating to land preservation income tax credits; value of donation.
Summary as introduced: Income tax; land preservation tax credit. Requires that the value of the donated interest in land (i) be calculated using an amount that does not exceed the assessed value of the property for purposes of local property tax, and (ii) not exceed such assessed value. If the most recent general reassessment of property in the locality occurred more than two years before the conveyance, the assessed value shall be adjusted by dividing the assessed value by the median ratio for the locality from the most recent Assessment/Sales Ratio Study published by the Department of Taxation.
Patrons: Parrish; Senator: Colgan
Incorporated by House Finance into HB450-Ware, R.L. which failed
A BILL to amend the Code of Virginia by adding in Title 10.1 a chapter numbered 12.2, consisting of sections numbered 10.1-1238 through 10.1-1251, relating to the Uniform Environmental Covenants Act.
Summary as introduced: Uniform environmental covenant. Authorizes the Department of Environmental Quality to enter into environmental covenants with interest holders in real property that restrict the use of the real property. The covenants are intended to survive transfers of ownership interests in the land or operations of law that may otherwise terminate the covenant. The bill spells out the recordation process and notice to subsequent holders of interest. Prior held interests are not affected by the covenant.
Patron: May
A BILL to amend the Code of Virginia by adding in Chapter 13.2 of Title 22.1 a section numbered 22.1-253.13:9, relating to apportionment of the state and local share for the costs of providing certain educational programs.
Summary as introduced: Education; computation of composite index. Requires the General Assembly to modify the current Standards of Quality (SOQ) funding formula and calculation of composite index of local ability to pay that determines each locality's ability to pay for its share of providing an educational program meeting the prescribed SOQ to incorporate within the real estate indicator of local wealth the land-use taxation value for those properties within a land-use plan.
Localities may adopt land-use plans and provide for the use value assessment and taxation of certain properties, such as those designated for agricultural, horticultural, forest, or open-space use.
The current composite index of local ability to pay incorporates the "true value" of real property (rather than any special use assessed values) weighted 50%, with adjusted gross income weighted at 40%, and taxable retail sales weighted at 10%, as indicators of local wealth.
Left in House Education
A BILL to amend the Code of Virginia by adding in Title 55 a chapter numbered 32, consisting of sections numbered 55-552 through 55-554, relating to the Home Serenity and Tranquility Act; civil penalty.
Summary as introduced: Property; Home Serenity and Tranquility Act; civil penalty. Creates the Home Serenity and Tranquility Act, which prohibits the operation on an athletic field owned or operated by a public or private entity of any event (i) before the hour of eight o'clock in the morning, (ii) after the hour of six o'clock in the evening, or (iii) on Sunday without the unanimous written consent of the affected homeowners. The bill defines athletic field, homeowner, and affected homeowner. The bill provides a civil penalty for violation and gives an aggrieved homeowner a cause of action for violations.
Patron: Hull (by request)
Stricken from docket by House Courts of Justice
A BILL to amend and reenact § 58.1-3233 of the Code of Virginia, relating to special assessments for land preservation.
Summary as introduced: Special assessments for land preservation. Provides that a local assessing office may find one of the following documents useful in making his determination as to whether certain real estate is devoted solely to agricultural or horticultural use: (i) the assigned USDA/ASCS farm number, and evidence of participating in a federal farm program, or (ii) federal tax forms (1040F) Farm Expenses and Income, (4835) Farm Rental Income and Expenses, or (1040E) Cash Rent for Agricultural Land, or (iii) a Conservation Farm Management Plan prepared by a professional, or (iv) documentation of gross sales averaging more than $5,000 annually over the previous three years.
Patron: Reynolds
A BILL to amend and reenact §§ 58.1-512 and 58.1-513 of the Code of Virginia and to repeal the second enactment of Chapter 940 of the Acts of Assembly of 2005, relating to the Virginia Land Conservation Incentives Act of 1999.
Summary as passed Senate: Land preservation tax credit. The bill provides an aggregate limit of $600,000 or 50% of the fair market value in tax credit for each parcel of land donated under the Virginia Land Conservation Incentives Act of 1999, which limit includes any transfer of unused tax credits. Under the bill, the value of any improvement to land shall not be considered for purposes of valuing land donations for tax credit. The fair market of the land must not exceed the highest and best use for which the property is adaptable, and must be supported by market evidence. The bill would restrict tax credit to land or interest in land that (i) meets guidelines of objective criteria established by the Virginia Land Conservation Foundation or (ii) the Secretary of Natural Resources has otherwise determined provides exceptional benefit to the Commonwealth in cases that do not meet the objective criteria. The bill would permit only one transfer of unused tax credits associated with donated property and would prohibit nonprofit organizations from transferring any tax credit, and it would allow as a credit against the estate tax any unused credit held by the decedent of the estate at the time of his death.
Land dedicated as open space within a residential or commercial development; as open space in any real estate development plan; or dedicated to fulfill density requirements to obtain approvals for zoning, subdivision, site plan, or building permits would not qualify for purposes of the tax credit. The bill provides that no more than one donation can be made from the same parcel of land during a 15-year period, unless there is no affiliation between the persons or entities who already have been allowed credit with respect to the parcel and the persons or entities seeking credit.
In cases in which the fair market value of a donation of property is being contested, the burden of proof would be on the taxpayer to show there is a reasonable probability that (i) the property is physically adaptable for the highest and best use that is proposed in the appraisal and (ii) there is a need or demand for such use in the reasonably near future.
In general, the provisions of the bill are applicable to conveyances of property made on or after July 1, 2006.
This bill incorporates Senate Bill 403.
Patron: Watkins
Conference Committee Recommendation Failed to pass Senate
A BILL to amend and reenact § 10.1-1020 of the Code of Virginia, relating to Virginia Land Conservation Foundation.
Summary as passed Senate: Land conservation. Changes the formula for allocating moneys from the Virginia Land Conservation Fund. Currently, 75% of the Fund is allocated to four uses, with farmlands and forest preservation combined as one use and 25% is transferred to the Open-Space Lands Preservation Trust Fund. Under this bill 90% would be allocated to five uses, with farmlands preservation and forest preservation being separate categories and 10% transferred to the Open-Space Fund. In addition, the amount used to secure easements is reduced.
Patrons: Ticer; Delegate: Hull
Stricken from docket by House Agriculture, Chesapeake and Natural Resources
A BILL to amend and reenact §§ 58.1-512 and 58.1-513 of the Code of Virginia, and to amend the Code of Virginia by adding a section numbered 58.1-512.1, relating to the Virginia Land Conservation Incentives Act of 1999.
Summary as introduced: Land preservation tax credit. The bill provides an aggregate limit of $600,000 in tax credit for each parcel of land donated under the Virginia Land Conservation Incentives Act of 1999, which limit includes any transfer of unused tax credits.
The bill provides that no more than one donation can be made from the same parcel of land during a 15-year period, unless there is no affiliation between the persons or entities who already have been allowed credit with respect to the parcel and the persons or entities seeking credit.
For donations of property made on or after January 1, 2007, the bill would require that the donation be reviewed by a licensed reviewer for purposes of determining whether or not the donation is in compliance with standards promulgated by the Department of Taxation. No credit would be allowed for any donation made on or after such date unless the licensed reviewer certifies compliance, and the donation is subsequently registered with the Department. The Department would issue licenses to qualified applicants seeking to become licensed reviewers.
Incorporated by Senate Finance into SB93-Watkins which failed.
An Act to amend and reenact § 15.2-2307 of the Code of Virginia, relating to reconstruction and restoration of involuntarily damaged or destroyed nonconforming property.
Summary as passed: Reconstruction and restoration of certain damaged or destroyed nonconformities. Provides that if a building is damaged or destroyed by a natural disaster, the zoning ordinance may require that such building be repaired, rebuilt or replaced to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance. If such building cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so.
Patrons: Suit, Dudley, Frederick and Morgan
An Act to amend and reenact §§ 15.2-2242, 15.2-2286, and 55-519 of the Code of Virginia, relating to disclosure of environmental site assessments, remediation, and disclosure of adverse conditions.
Summary as passed: Subdivision and zoning ordinances; environmental site assessments. Allows localities to include in their subdivision or zoning ordinances provisions for requiring and considering Phase I environmental site assessments based on the anticipated use of the property proposed for the subdivision or development and Phase II environmental site assessments, if the locality deems such to be reasonably necessary, based on findings in the Phase I assessment. A reasonable fee may be charged for the review of such environmental assessments. Such ordinances may also include provisions for requiring disclosure and remediation of contamination and other adverse environmental conditions of the property prior to approval of subdivision and development plans. The bill also provides that the residential property disclosure statement provided by the owner of residential real property to a purchaser include disclosure of adverse environmental site conditions. This bill is identical to SB 224.
Patron: Suit
An Act to amend and reenact §§ 15.2-852, 15.2-2289, and 55-79.43 of the Code of Virginia, relating to the Virginia Condominium Act; authorization of condominium association to be applicants in land use matters; disclosure.
Summary as passed House: Condominium Act; authorizing condominium association to be applicants in land use matters. Provides that the declarant is authorized to execute, file, and process any subdivision, site plan, zoning, or other land use applications or disclosures related to the condominium during the period that the condominium is under his control. The bill also provides that once the condominium is no longer under the control of the declarant, the authority to execute such land use applications shall belong to the executive organ of the unit owners' association or a representative appointed by the unit owners' association. In addition, the bill clarifies the owner of condominiums for purposes of compliance with the disclosures in land use proceedings pursuant to § 15.2-852 and disclosures of real parties in interest pursuant to § 15.2-2289.
An Act to amend and reenact § 15.2-2317 of the Code of Virginia, relating to impact fees.
Summary as passed: Impact fees for transportation. Adds Fauquier and Spotsylvania Counties to those localities authorized to impose impact fees for transportation and inserts a reference to the 1990 Census so as to narrow the potential application of that clause to Stafford County only. Also, an outdated provision is deleted.
Governor's Amendment to Add Frederick County Approved by House and Senate
An Act to amend and reenact § 15.2-2209 of the Code of Virginia, relating to zoning violations; penalties.
Summary as passed House: Violations of zoning ordinance; penalties. Raises the maximum civil penalty for an initial summons from $100 to $200. The maximum civil penalty for second and subsequent violations of the zoning ordinance rises from $250 to $500.
Patron: Rust
An Act to amend and reenact § 15.2-2242 of the Code of Virginia, relating to sidewalks.
Summary as passed House: Sidewalks. Allows localities to include in their subdivision ordinances provisions requiring the dedication for public use of a right-of-way for, and the construction of, a sidewalk on certain lots that are adjacent to an existing sidewalk.
Patron: Brink
An Act to amend and reenact §§ 15.2-2297, 15.2-2298 and 15.2-2303 of the Code of Virginia, relating to conditional zoning.
Summary as introduced: Conditional zoning. Provides that localities may accept proffered conditions once a public hearing has begun if the amended proffers do not materially affect the overall proposal.
Patrons: Dudley and McQuigg
An Act to amend and reenact § 32.1-164.5 of the Code of Virginia, relating to the Sludge Management Permit Fee Fund.
Summary as passed House: Sewage sludge fee. Requires the Board of Health to promulgate regulations establishing an initial fee of $5,000 to be imposed upon permit holders and applicants and a fee not to exceed $1,000 for the reissuance, amendment or modification of a permit. Fees collected are to be deposited into the Sludge Management Fund for the administration and management of the Department of Health's sewage sludge program. Currently, the Board may adopt regulations requiring permittees to pay a reasonable fee, not to exceed $2,500, for the processing of the application for a sewage sludge permit.
Patrons: Cline, Abbitt, Hogan and Valentine
An Act to amend and reenact §§ 10.1-2202, 10.1-2204, 10.1-2205, 10.1-2206.1, and 10.1-2206.2 of the Code of Virginia, relating to usage of the word "landmark."
Summary as introduced: Historic landmarks. Clarifies that anything listed on the Virginia Landmarks Register is by definition a landmark. Thus, when used in reference to properties that have been registered, the term "landmark" includes a wide range of resources such as historic buildings, structures, objects, sites, and districts.
Patron: Saxman
An Act to amend and reenact § 15.2-852 of the Code of Virginia, relating to disclosures in land use proceedings.
Summary as introduced: Disclosures in land use proceedings. Provides an exception to the disclosure requirements in land use proceedings where the board of supervisors is the applicant and the application property involves more than 10 parcels under different ownership. The bill also clarifies that with respect to amendments of a zoning ordinance, the disclosure requirements apply only to zoning map amendments.
An Act to amend and reenact § 15.2-2260 of the Code of Virginia, relating to preliminary plats.
Summary as passed House: Preliminary plats. Requires certain preliminary plats to be forwarded to the appropriate state agency for review within 10 business days of receipt by the locality.
An Act to amend the Code of Virginia by adding a section numbered 15.2-2288.2, relating to local regulation of farm wineries.
Summary as passed: Zoning; agricultural districts; farm wineries. Provides that localities may not require that a special exception or special use permit be obtained for the processing of wine by licensed farm wineries. Also, no locality may adopt any requirements for special exceptions or special use permits relating to licensed farm wineries that would be more restrictive than its requirements in effect as of January 1, 2006. Further, any special exception or special use permit in effect as of January 1, 2006, shall remain in effect until July 1, 2007, unless such exception or permit is either no longer required by the locality or is amended to be less restrictive. Other provisions are also included that are generally intended to temporarily preserve the status quo while the Secretary of Agriculture and Forestry undertakes a study of issues surrounding the farm winery industry. The results of such study are to be reported to the 2007 Session of the General Assembly.
Patron: Albo
An Act to amend and reenact § 10.1-563 of the Code of Virginia, relating to the construction of wetlands and stream restoration projects.
Summary as passed House: Wetlands mitigation banks. Allows any person who has created and operates an approved wetlands mitigation bank in multiple jurisdictions to annually file erosion and sediment control specifications for wetlands mitigation projects with the Virginia Soil and Water Conservation Board. The Board has 60 days to approve the specifications. If no action is taken within 60 days the specifications are deemed approved. Projects that are not covered by general specifications will have to comply with the local erosion and sediment control program. This bill will not become effective unless a specific appropriation has been approved in the general appropriation act to support this activity.
Patron: Scott, E.T.
An Act to amend and reenact §§ 15.2-2298 and 15.2-2303.2 of the Code of Virginia, relating to proffers for road improvements.
Summary as passed House: Proffered cash payments. Provides that a locality may accept proffered conditions if such locality has had population growth of five percent or more from the next-to-latest to latest decennial census year, based on population reported by the United States Bureau of the Census. In addition, the bill provides that a zoning ordinance may include and provide for the voluntary proffering in writing, by the owner, of reasonable conditions, including the payment of cash for any off-site road or transportation improvement that is adopted as an amendment to the required comprehensive plan and incorporated into the capital improvements program. The bill further provides that a locality may utilize any cash payments proffered for any road or transportation improvement that is incorporated into the capital improvements program as its matching contribution under the present revenue-sharing fund program for highway systems in certain counties. This bill incorporates HB 1520.
Patrons: Athey, Albo, Bell, Callahan, Cole, Cosgrove, Frederick, Gear, Gilbert, Hugo, Jones, S.C., Lingamfelter, Marshall, R.G., May, McQuigg, Morgan, Purkey, Sherwood, Tata and Wardrup
Governor's Technical Amendments Approved by House and Senate
An Act to amend and reenact § 15.2-2223 of the Code of Virginia, and to amend the Code of Virginia by adding a section numbered 15.2-2222.1, relating to coordination of state and local transportation planning.
Summary as passed House: Coordination of state and local transportation planning. Provides that prior to adoption of any comprehensive plan or amendment the locality shall submit such plan or amendment to the Department of Transportation for review and comment. The Department shall provide written comment on the proposed plan or amendment within 90 days of receipt thereof. Also, upon submission to a locality of an application for rezoning, the locality shall submit such application to the Department of Transportation within 10 business days of receipt thereof. Such application shall include a traffic impact statement if required by the locality by ordinance. Within 45 days of its receipt of such application, the Department shall either (i) provide written comment on the rezoning application, or (ii) schedule a meeting, to be held within 60 days of its receipt of the application, with the local planning commission or other agent and the applicant to discuss potential modifications to the application to address any concerns or deficiencies. Furthermore, upon submission to a locality of a subdivision plat or a site plan or plan of development, the locality shall submit such plat or plan to the Department of Transportation in accordance with § 15.2-2260 within 10 business days of receipt of the plat or plan. The bill also provides that a local comprehensive plan may include the designation of new and expanded transportation facilities and recommendations that support the planned development of the territory covered by the plan. This bill incorporates HB 1609. This bill is identical to SB 699.
Patrons: Frederick, Albo, Athey, Bell, Cole, Gilbert, Hugo, Jones, S.C., Lingamfelter, Marshall, R.G., May, McQuigg, Rust and Sherwood
An Act to amend and reenact §§ 15.2-2223 and 15.2-2224 of the Code of Virginia, relating to comprehensive plans.
Summary as passed: Comprehensive plans and official maps; road improvements. Requires that the comprehensive plan shall be general in nature, in that it shall designate the general or approximate location, character, and extent of each road and transportation improvement shown on the plan. The bill also requires that the comprehensive plan include an official map that shall show road and transportation improvements, including the cost of such road and transportation improvements, which are sufficient to meet the current and future needs of residents in the locality while considering the current and future needs of the planning district within which the locality is situated. The bill further provides that the comprehensive plan may include, but need not be limited to, the designation of a system of community service facilities such as sports playing fields and the designation of areas for various types of public and private development and use such as active and passive recreation. In addition, the local planning commission shall, in the preparation of a comprehensive plan, survey and study road and transportation improvements and the costs thereof. Furthermore, the comprehensive plan shall recommend methods of implementation, which may include, but need not be limited to, a recreation and sports resource map. This bill incorporates HB 1529.
Patrons: Marshall, R.G., Albo, Athey, Bell, Callahan, Cole, Cosgrove, Frederick, Gear, Gilbert, Hugo, Jones, S.C., Lingamfelter, May, McQuigg, Morgan, Peace, Purkey, Rust, Sherwood, Tata and Wardrup
An Act to amend and reenact § 15.2-2239 of the Code of Virginia, relating to capital improvement programs.
Summary as introduced: Capital improvement programs. Provides that a capital improvement program shall include estimates of cost of each road and transportation improvement adopted as an amendment to a locality's comprehensive plan.
Patrons: Hamilton, Athey, Albo, Bell, Callahan, Cole, Cosgrove, Frederick, Gear, Gilbert, Hugo, Jones, S.C., Lingamfelter, Marshall, R.G., May, McQuigg, Morgan, Purkey, Rust, Sherwood, Tata and Wardrup
An Act to amend and reenact § 15.2-2286 of the Code of Virginia, relating to cluster development.
Summary as introduced: Cluster development. Exempts property located in an Air Installation Compatible Use Zone from a requirement for administrative approval by a locality of certain types of cluster development.
Patron: Blevins
An Act to amend and reenact §§ 2.2-4006 and 36-100 of the Code of Virginia, relating to the Administrative Process Act; Board for Housing and Community Development; exemption for certain regulations.
Summary as introduced: Administrative Process Act; Board for Housing and Community Development; exemption for certain regulations. Exempts from the Administrative Process Act regulations adopted by the Board for Housing and Community Development pursuant to the (i) Statewide Fire Prevention Code, (ii) Industrialized Building Safety Law, (iii) Uniform Statewide Building Code, and (iv) the construction, maintenance, operation, and inspection of amusement devices, provided that certain procedural requirements are followed by the Board. Under the bill, portions of the Act concerning public petitions and regulatory review of the Governor and General Assembly remain applicable.
Patron: Norment
An Act to amend and reenact § 58.1-3241 of the Code of Virginia, relating to special assessment for land preservation.
Summary as passed Senate: Use value assessment and taxation; roll-back taxes. Provides that, at the option of the locality, roll-back taxes under local use value assessment ordinances shall not apply to a subdivision, separation, or split-off of property which results in parcels that do not meet minimum acreage requirements, provided that title to the subdivided parcels is held in the name of an immediate family member for at least the first 60 months following the subdivision.
Patron: Martin
Summary as passed Senate: Subdivision ordinances; site assessments; remediation. Allows localities to include in their subdivision or zoning ordinances provisions for requiring and considering Phase I environmental site assessments based on the anticipated use of the property proposed for the subdivision or development and Phase II environmental site assessments, if the locality deems such to be reasonably necessary, based on findings in the Phase I assessment. A reasonable fee may be charged for the review of such environmental assessments. Such ordinances may also include provisions for requiring disclosure and remediation of contamination and other adverse environmental conditions of the property prior to approval of subdivision and development plans. The bill also provides that the residential property disclosure statement provided by the owner of residential real property to a purchaser include disclosure of adverse environmental site conditions. This bill is identical to HB 93.
Patrons: Quayle and Blevins
An Act to amend the Code of Virginia by adding a section numbered 15.2-851.1, relating to optional provisions of a subdivision ordinance.
Summary as introduced: Optional provisions of a subdivision ordinance; Fairfax County. Provides that if an owner or developer has not met all previous land development obligations in accordance with all development agreements with the locality as determined by the governing body or its designated administrative agency for the previous seven years, then (i) a personal, corporate, or property bond may be disallowed by the governing body as security for such facilities, and in such event, security for such facilities shall be restricted to a certified check, cash escrow, or a letter of credit that meets certain requirements; and (ii) the governing body may require that the allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities be greater than 25% of the estimated construction costs, but not exceed 50% of the estimated construction costs. Furthermore, the bill provides that if the subdivider or developer has not met all previous land development obligations in accordance with all development agreements with the locality as determined by the governing body or its designated administrative agency for the previous seven years prior to a written request for partial release, the cumulative amount released may be equal to no less than 80% of the original amount for which the bond, escrow, letter of credit, or other performance guarantee was taken.
Patron: Saslaw
An Act to amend the Code of Virginia by adding in Chapter 22 of Title 15.2 an article numbered 7.1, consisting of sections numbered 15.2-2316.1 and 15.2-2316.2, relating to transfer of development rights.
Summary as introduced: Transfer of development rights. Allows localities to provide for the transfer of development rights from a parcel of property located in the locality to another parcel of property located elsewhere in the locality.
Patrons: Watkins and Houck
An Act to amend and reenact §§ 15.2-2242, 15.2-2286, and 36-98 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-2286.1, relating to clustering of single-family dwellings.
Summary as passed Senate: Clustering of single-family dwellings. Deletes certain optional provisions regarding the clustering of single-family housing and reinserts those provisions as mandatory provisions of zoning or subdivision ordinances for counties and cities that had a population growth rate of 10% or more from the next-to-latest to latest decennial census year. Such localities shall provide in their zoning or subdivision ordinances, applicable to a minimum of 40% of the unimproved land contained in residential and agricultural zoning district classifications, standards, conditions, and criteria for the clustering of single-family dwellings and the preservation of open space developments. In establishing such standards, conditions, and criteria, the localities may include any provisions they determine appropriate to ensure quality development, preservation of open space, and compliance with their comprehensive plan and land use ordinances.
Governor's Amendments to Address BRAC and to change the grandfather date from January 2004 to June 2004 Approved by Senate and House
An Act to amend and reenact § 15.2-2303.2 of the Code of Virginia, relating to cash proffers; road improvements.
Summary as passed: Cash proffers; road improvements. Allows localities to award a contract to certain entities that are willing to construct a more extensive road improvement utilizing cash proffers of others as well as other available funds, upon a written determination by the governing body stating the basis for awarding one construction contract to extend the limits of the road improvement. This bill is identical to HB 1192.
Patrons: Colgan, O'Brien and Puller
Summary as passed Senate: Coordination of state and local transportation planning. Provides that prior to adoption of any comprehensive plan or amendment the locality shall submit such plan or amendment to the Department of Transportation for review and comment. The Department shall provide written comment on the proposed plan or amendment within 45 days of receipt thereof. Also, upon submission to a locality of an application for rezoning, the locality shall submit such application to the Department of Transportation within five days of receipt thereof. Such application shall include a traffic impact statement if required by the locality by ordinance. Within 30 days of its receipt of such application, the Department shall either (i) provide written comment on the rezoning application, or (ii) schedule a meeting, to be held within 60 days of its receipt of the application, with the local planning commission or other agent and the applicant to discuss potential modifications to the application to address any concerns or deficiencies. Furthermore, upon submission to a locality of a subdivision plat or a site plan or plan of development, the locality shall submit such plat or plan to the Department of Transportation in accordance with § 15.2-2260 within five days of receipt of the plat or plan. The bill also provides that a local comprehensive plan may include the designation of a planned system of new and expanded transportation facilities including, but not limited to, roads and highways and commuter rail lines, where appropriate. This bill incorporates SB 724. This bill is identical to HB 1513.
Patrons: Houck, Chichester, Colgan, Edwards, Hawkins, Herring, Lambert, Puckett, Rerras, Reynolds, Saslaw, Wagner and Whipple
A BILL to amend and reenact § 15.2-2286 of the Code of Virginia, relating to violations of zoning ordinances; penalties.
Summary as introduced: Zoning violations; penalties. Raises the maximum misdemeanor penalty for a zoning violation from $1,000 to $2,000. The misdemeanor maximum penalty for failure to remove or abate a zoning violation within the time period established by the court also increases from $1,000 to $2,000. Each 10-day period during which a zoning violation continues after the conviction or court-ordered abatement period has ended shall constitute a separate offense punishable by a fine of not less than $100 nor more than $2,500.
Patrons: Rust and Sickles
A BILL to amend the Code of Virginia by adding a section numbered 15.2-2223.1, relating to comprehensive plan; smart growth policies; state funding.
Summary as introduced: Comprehensive plan; smart growth policies; state funding. Requires localities to incorporate specified smart growth policies into their comprehensive plans. State funding is tied to such policies.
A BILL to amend and reenact § 15.2-2286 of the Code of Virginia, relating to permitted provisions in zoning ordinances; penalties.
Summary as introduced: Permitted provisions in zoning ordinances; penalties. Authorizes a zoning ordinance to provide that any violation of limitations on occupancy of a residential dwelling unit shall be a Class 1 misdemeanor punishable by a fine of not less than $10 nor more than $2,500 and/or confinement in jail for not more than 12 months. The zoning ordinance may additionally provide that each day of such violation shall constitute a separate offense. Furthermore, the zoning ordinance may provide that in the case of a failure to remove or abate a violation of residential occupancy limitations within the time period established by the court, a court may order the violator to be confined in jail for not more than 12 months.
Patrons: Sickles, Amundson, Bulova, Hull, Marsden and Watts
A BILL to amend and reenact § 36-106 of the Code of Virginia, relating to the Uniform Statewide Building Code; violations; penalty.
Summary as introduced: Uniform Statewide Building Code; violations; penalty. Provides that where the violation is of the Maintenance Code relating to occupancy limitations on dwelling and efficiency units in a locality where the local governing body has taken official action to enforce the Maintenance Code, any owner or other person, firm, or corporation convicted of such a violation may also be punished by confinement in jail for not more than 12 months. Currently, any violation of the Building Code is punishable by a fine of not more than $2,500.
A BILL to amend and reenact § 10.1-1126.1 of the Code of Virginia, relating to silvicultural practices.
Summary as introduced: Silviculture practices. Allows local government to fully regulate silviculture activity for land when the owner, or his agent, submits an application for a rezoning, conditional use permit, special use permit, or preliminary subdivision plan approval to convert from an agricultural or rural to a residential, commercial or industrial use. Currently local governments are limited in the regulation of silviculture practices until after the change in zoning or use occurs.
Left in House Agriculture, Chesapeake and Natural Resources
A BILL to amend and reenact §§ 15.2-2201, 15.2-2259 and 15.2-2260 of the Code of Virginia, relating to plats.
Summary as introduced: Plats. Clarifies the definition of "plat," adds a definition for "preliminary plat," and provides that if approval is required from a state agency, localities are required to forward a preliminary plat to the appropriate state agencies within five days.
Patron: Orrock
A BILL to amend and reenact §§ 15.2-2317 through 15.2-2327 of the Code of Virginia, relating to impact fees.
Summary as introduced: Impact fees. Expands the existing road impact fee provisions to include school improvements and extends the applicability of such provisions from Northern Virginia localities to all localities. "Impact fee" is defined as a charge or assessment imposed against new development in order to generate revenue to fund or recover the costs of public facilities necessitated by and attributable to the new development. The value of any dedication, contribution or construction from the developer for off-site road improvements and school facility improvements within the service area shall be treated as a credit against the impact fee. Also, an obsolete sunset clause is deleted.
A BILL to amend and reenact § 15.2-1127 of the Code of Virginia, relating to improvements for vacant or abandoned retail or commercial properties.
Summary as introduced: Vacant and abandoned buildings. Provides that the City of Newport News may, by ordinance, require screening, landscaping, or other improvements for certain vacant or abandoned retail or commercial properties.
Patron: Oder
A BILL to amend the Code of Virginia by adding a section numbered 10.1-2109.1, relating to Chesapeake Bay Preservation Act; impact fees.
Summary as introduced: Impact fees. Grants impact fee authority to localities with designated Chesapeake Bay Preservation areas. The authority includes impact fees for roads, schools and public safety. "Impact fee" is defined as a charge or assessment imposed against new development in order to generate revenue to fund or recover the costs of public facilities necessitated by and attributable to the new development. The value of any dedication, contribution, or construction from the developer for off-site road improvements, public safety facility improvements, and school facility improvements within the service area shall be treated as a credit against the impact fee.
Patrons: Marshall, R.G. and Frederick
A BILL to amend the Code of Virginia by adding a section numbered 36-105.4, relating to building permits; impact fees.
Summary as introduced: Building permit; impact fees. Allows localities to adopt provisions for the assessment of impact fees prior to issuance of a building permit. The impact fees may be assessed in relation to the adequacy of education, transportation, parks, or public safety needs. Such fees shall be a pro rata share of the costs of reasonable and necessary capital improvements attributable to the proposed development. Prior to any impact fee assessment, the locality must identify the particular public facility needs in its comprehensive plan, and must have in place a capital improvement program that provides a reasonable basis for determining the extent or level of inadequacy of such facilities in the area of the proposed development. If the locality does not apply impact fees paid by a developer to the capital project that served as the basis for such assessment within six years of collection, then the developer may seek a writ of mandamus to compel the locality to do so.
A BILL to amend the Code of Virginia by adding in Chapter 38 of Title 58.1 an article numbered 10, consisting of a section numbered 58.1-3851, relating to impact fee assessments for residential development.
Summary as introduced: Residential development impact fee assessments; adequate public facilities. Allows localities with a population of at least 80,000 and that has had an annual growth rate of at least one and one-quarter percent over the previous three years to adopt ordinances for the assessment of impact fees when certain public facilities are inadequate to support a proposed residential development. If the proposed development is for senior residents only, then impact fees may be assessed in relation to the adequacy of public safety, or public sewer or water facilities. For all other proposed residential developments, the impact fees may be assessed in relation to the adequacy of education, transportation, or public water or sewer needs. Such fees shall be a pro rata share of the costs of reasonable and necessary capital improvements attributable to the proposed development. Prior to any impact fee assessment, the locality must identify the particular public facility needs in its comprehensive plan, and must have in place a capital improvement program that provides a reasonable basis for determining the extent or level of inadequacy of such facilities in the area of the proposed development. If the locality does not apply impact fees paid by a developer to the capital project that served as the basis for such assessment within six years of collection, then the developer may seek a writ of mandamus to compel the locality to do so.
A BILL to amend and reenact § 15.2-2286 of the Code of Virginia, relating to permitted provisions in zoning ordinances.
Summary as introduced: Permitted provisions in zoning ordinances. Clarifies that a locality may provide in its zoning or subdivision ordinance standards, conditions, and criteria for the dispersal of business establishments of persons engaged in any of the following businesses: (i) cashing checks, drafts, or money orders for compensation; (ii) making payday loans to any consumer residing in the Commonwealth; and (iii) lending money secured by a bailment of a certificate of title to a motor vehicle or by a security interest in a motor vehicle.
A BILL to amend and reenact §§ 15.2-2223, 15.2-2224, and 15.2-2233 of the Code of Virginia, relating to comprehensive plans.
Summary as introduced: Comprehensive plans and official maps; road improvements. Requires that the comprehensive plan shall be general in nature, in that it shall designate the general or approximate location, character, and extent of each road and transportation improvement shown on the plan. The bill also requires that the comprehensive plan include an official map that shall show road and transportation improvements, including the cost of such road and transportation improvements, which are sufficient to meet the current and future needs of residents in the locality while considering the current and future needs of the planning district within which the locality is situated. In addition, the local planning commission shall, in the preparation of a comprehensive plan, survey and study road and transportation improvements and the costs thereof. The local planning commission, in localities where no official map exists or where an existing official map is incomplete, shall make, or cause to be made, a map showing the location of every road and transportation improvement and any cost thereof. This bill has been incorporated into HB 1521.
Patrons: Hamilton, Athey and Rust
Incorporated in House Counties, Cities and Towns HB1521-Marshall, R.G. which was Approved and signed by the Governor
A BILL to amend the Code of Virginia by adding a section numbered 15.2-2306.1, relating to transfer of development rights.
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Summary as introduced: Transfer of development rights. Authorizes localities as part of their zoning ordinances to provide for transfer of development rights from one parcel of land to another parcel of land, thereby increasing the density of development on one parcel while restricting development on the other parcel.
Patrons: Sickles, Amundson, Armstrong, Bulova, Caputo, Ebbin, Hall, Marsden, Moran, Plum, Poisson, Scott, J.M., Shannon, Toscano, Valentine, Ward and Watts
A BILL to amend and reenact §§ 15.2-2223 and 15.2-2224 of the Code of Virginia, relating to the comprehensive plan.
Summary as introduced: Comprehensive plan. Adds recreational and sports opportunities as factors to be considered by a locality in the preparation of its comprehensive plan. The characteristics and conditions of existing recreational and sports facilities and future needs shall be studied as part of such preparation. Also, sports facilities and playing fields are incorporated among those items that a locality may include in its long-range recommendations.
Patrons: Valentine and Hull
Tabled in House Counties, Cities and Towns
A BILL to amend and reenact § 15.2-2285 of the Code of Virginia, relating to zoning; traffic impact.
Summary as introduced: Zoning; traffic impact. Requires localities to prepare and consider a traffic impact analysis prior to approving zoning amendments. This bill has been incorporated into HB 1513.
Patrons: McQuigg and Rust
Incorporated in House Counties, Cities and Towns into HB1513-Frederick which was Approved and signed by the Governor
A BILL to amend the Code of Virginia by adding a section numbered 15.2-2286.1, relating to certain permitted provisions in a zoning ordinance.
Summary as introduced: Zoning; road capacity. Allows a locality to deny or modify a request for rezoning when the existing and future transportation network, which will serve the proposed development, is inadequate to handle the anticipated transportation impact of the proposed development.
Patrons: Marshall, R.G. and McQuigg
A BILL to amend and reenact § 15.2-2209 of the Code of Virginia, relating to zoning violations; civil penalties.
Summary as introduced: Violations of zoning ordinance; penalties. Raises the maximum civil penalty for an initial summons from $100 to $200. The maximum civil penalty for second and subsequent violations of the zoning ordinance rises from $250 to $500. Also, a series of specified violations arising from the same operative set of facts shall not result in civil penalties that exceed a total of $10,000, rather than the current total of $5,000.
Patrons: Howell and Ticer; Delegates: Callahan, Rust, Scott, J.M. and Watts
Failed to report (defeated) in Senate Local Government
SB 181 Conditional use permits; locality impose condition related to retail alcoholic beverage licensees.
A BILL to amend and reenact § 15.2-2286 of the Code of Virginia, relating to special use permits.
Summary as introduced: Conditional use permits. Provides that the governing body of a locality may impose a condition upon any special use permit issued after July 1, 2006, relating to retail alcoholic beverage licensees that provides that such special use permit shall be subject to an automatic review by the governing body upon a change in possession, a change in the owner of the business, or a transfer of majority control of the business entity.
A BILL to amend and reenact § 15.2-2317 of the Code of Virginia, relating to road impact fees.
Summary as introduced: Road impact fees. Adds the City of Suffolk to those localities authorized to impose road impact fees. Also, an outdated sunset clause is deleted.
Patron: Quayle
A BILL to amend and reenact § 15.2-912.3 of the Code of Virginia, relating to regulation of dance halls.
Summary as introduced: Regulation of dance halls. Eliminates an exception to local dance hall regulatory authority that exempted certain restaurants having a dance floor with an area not exceeding 10% of the total floor area of the establishment.
Summary as introduced: Zoning; traffic impact. Requires localities to prepare and consider a traffic impact analysis prior to approving zoning amendments. This bill has been incorporated into SB 699.
Patrons: Quayle and Herring
Incorporated by Local Government SB699-Houck which was Approved and signed by the Governor
An Act to amend and reenact § 55-519 of the Code of Virginia, relating to the Virginia Residential Property Disclosure Act; disclosure of pending enforcement actions under the Uniform Statewide Building Code.
Summary as passed House: Virginia Residential Property Disclosure Act; disclosure of pending enforcement actions under the Uniform Statewide Building Code. Provides that disclosure and disclaimer forms under the Virginia Residential Property Disclosure Act shall contain a notice to purchasers that the owner represents that there are no pending enforcement actions pursuant to the Uniform Statewide Building Code that affect the safe, decent, and sanitary living conditions of the property of which the owner has been notified by the locality.
Patron: Marshall, D.W.
An Act to amend and reenact §§ 23-135.7:6, 45.1-390, and 58.1-3660 of the Code of Virginia and to amend the Code of Virginia by adding a title numbered 67, consisting of a chapter numbered 1, consisting of sections numbered 67-100, 67-101, and 67-102; a chapter numbered 2, consisting of sections numbered 67-200 through 67-203; a chapter numbered 3, consisting of sections numbered 67-300 through 67-303; a chapter numbered 4, consisting of sections numbered 67-400 through 67-403; a chapter numbered 5, consisting of sections numbered 67-500 and 67-501; a chapter numbered 6, consisting of sections numbered 67-600 and 67-601; a chapter numbered 7, consisting of sections numbered 67-700 through 67-704; a chapter numbered 8, consisting of sections numbered 67-800 and 67-801; a chapter numbered 9, consisting of an article numbered 1, consisting of sections numbered 67-900, 67-901, and 67-902, an article numbered 2, consisting of sections numbered 67-903, 67-904, and 67-905, an article numbered 3, consisting of sections numbered 67-906, 67-907, and 67-908, an article numbered 4, consisting of sections numbered 67-909, 67-910, and 67-911, and an article numbered 5, consisting of sections numbered 67-912, 67-913, and 67-914; a chapter numbered 10, consisting of sections numbered 67-1000 and 67-1001; a chapter numbered 11, consisting of sections numbered 67-1100 through 67-1103; and a chapter numbered 12, consisting of sections numbered 67-1200 through 67-1203, relating to energy policy; sites for certain low-emission energy facilities; off-shore energy resource development; grants for purchasing, producing or using clean and efficient energy; exempting certain certified pollution control equipment and facilities from local property taxation; clean coal projects; energy efficiency in state buildings; use of biodiesel fuel in public transportation vehicles; covenants restricting the use of solar energy collection devices; motor vehicle fuel efficiency standards; and the establishment of a coastal energy research center, all of which comprise components of the Virginia Energy Plan.
Summary as passed: Virginia Energy Plan. Establishes an energy policy of the Commonwealth and directs the Division of Energy of the Department of Mines, Minerals and Energy, in consultation with the State Corporation Commission, Department of Environmental Quality, and Virginia Center for Coal and Energy Research, to prepare, by July 1, 2007, a ten-year comprehensive Virginia Energy Plan to implement the Commonwealth's energy policy. With respect to offshore energy resources, the bill (i) declares that it is the policy of the Commonwealth to encourage the members of the State Congressional Delegation and federal executive agencies to develop, support, and enact federal legislation, and to take appropriate federal executive action that will provide an exemption to the moratorium that prevents until 2012 any surveying, exploration, development, or production of potential natural gas deposits in areas off the Commonwealth's Atlantic shore that are under federal jurisdiction, and to develop, support, and enact federal legislation that will enable the Commonwealth to exercise exclusive jurisdiction with respect to offshore wind energy resources; (ii) directs royalties and other moneys paid by the federal government as a result of the development of offshore energy resources to be deposited in a State Offshore Energy Revenue Fund and allocated among the Virginia Water Quality Improvement Fund, the Transportation Trust Fund, clean coal technology research, a Coastal Energy Research Consortium and other alternative energy initiatives, and grants for producing and using clean and efficient energy; (iii) directs all agencies, boards and commissions of the Commonwealth to ensure that any permits or approvals that are required for the exploration and production of hydrocarbons within federal jurisdictional areas off the Commonwealth's Atlantic shore provide that such exploration and production will be undertaken in a manner protective of the environment and public safety; (iv) prohibits the drilling of any wells for natural gas or oil in areas off the Commonwealth's Atlantic shore within 30 miles of the shoreline; and (v) prohibits the construction of onshore natural gas exploration and production facilities on the Eastern Shore. Other initiatives (a) establish a Clean Coal Technology Research Fund, to be administered by the Virginia Center for Coal and Energy Research and used to finance research initiatives at state institutions of higher education and to encourage qualified state educational institutions to apply for federal grants to finance a center of excellence for advancing new clean coal technologies; (b) require designs for state buildings to incorporate reasonable cost-effective energy conservation measures and alternative energy systems; (c) direct the Commonwealth Transportation Board to encourage the use of biodiesel and other alternative fuels, to the extent practicable, in vehicles used to provide public transportation; (d) create the Virginia Coastal Energy Research Consortium, to include Old Dominion University, the Virginia Institute of Marine Science, the Virginia Tech Advanced Research Institute, James Madison University, and Norfolk State University, to serve as an interdisciplinary study, research, and information resource on coastal energy issues, including wave or tidal action, currents, offshore winds, thermal differences, and methane hydrates; (e) prohibit community associations from enacting any provisions restricting solar power or the use of solar energy collection devices on units or lots that are part of the development, except to the extent provided in the applicable instruments, declaration or rules, and authorizes community associations to prohibit or restrict the installation and use of such solar energy collection devices on the common elements or common areas; and (f) declare it to be the policy of the Commonwealth to encourage the members of the State Congressional Delegation and federal executive agencies to develop, support, and enact federal legislation, and to take appropriate federal executive action, that will increase the Corporate Average Fuel Efficiency standards from the current standard by promoting performance-based tax credits for advanced technology, fuel-efficient vehicles to facilitate the introduction and purchase of such vehicles and by advocating for market incentives and education programs to build demand for high-efficiency, cleaner vehicles, including tax incentives for highly efficient vehicles. The bill directs the State Corporation Commission to develop a system for scoring parcels in the Commonwealth for their suitability as wind energy facilities, liquefied natural gas facilities, nuclear energy facilities, and solar energy facilities, upon recommendation by the Department of General Services for state-owned land, local governing bodies with the consent of the parcel's owner, or the owner of a parcel. Parcels that are scored as being optimal sites for such low-emission energy facilities would be eligible to use a one-stop permitting process, as may be adopted by the General Assembly. The State Corporation Commission and Secretary of Natural Resources are directed to prepare a proposal for a one-stop permitting process for low-emission energy facilities, which proposal shall be presented by December 1, 2006. The bill also provides grant awards for producing and using clean and efficient energy including grant awards in the amount of 0.85 cents for each kilowatt hour of electricity produced by a corporation from certain renewable energy resources and grants to individuals and corporations equal to 15 percent of the cost incurred in installing photovoltaic property, solar water heating property, or wind-powered electrical generators. The grants are limited to $2,000 for each system of photovoltaic property, $1,000 for each system of solar water heating property, and $1,000 for each system of wind-powered electrical generators. Finally, the measure exempts from property taxation certified pollution control equipment and facilities used in collecting, processing, and distributing landfill gas and other gas recovered from waste products.
Patrons: Wagner, Bell, Blevins, Devolites Davis, Hanger, Newman, Quayle, Ruff, Stosch, Wampler, Watkins and Williams; Delegates: Marshall, D.W. and Purkey
Senate floor substitute Approved by Senate and House and returned to Governor; Governor may Sign or Veto bill as passed.
A BILL to amend and reenact § 15.2-901 of the Code of Virginia, relating to the cutting of grass and weeds; civil penalty.
Summary as passed Senate: High grass and weeds; civil penalty. Allows localities within Planning District Number 23 (Hampton Roads) to require, by ordinance, the cutting of excessive weeds and grass on occupied properties.
Patrons: Norment; Delegate: Barlow
Defeated in House as 67 Votes are required for Special Legislation, bill only received 59 affirmative votes.
An Act to amend and reenact §§ 15.2-4902 and 15.2-6402 of the Code of Virginia, relating to creation and powers of certain authorities.
Summary as introduced: Virginia Regional Industrial Facilities Act. Adds Planning District 2 to those planning districts that may create a regional industrial facility authority with two or more localities rather than three or more localities.
Patron: Puckett
A BILL to amend and reenact §§ 2.2-200 and 2.2-204 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 2 of Title 2.2 an article numbered 11, consisting of a section numbered 2.2-230, relating to establishment of a Secretary of Urban Affairs.
Summary as introduced: Establishes the Secretary of Urban Affairs. The Secretary shall be responsible to the Governor for the Department of Housing and Community Development and the Virginia Housing Development Authority.
Patrons: BaCote, Eisenberg, Englin, Jones, D.C., Melvin, Miller, Sickles, Spruill and Watts
A BILL to amend the Code of Virginia by adding a section numbered 15.2-915.5, relating to local control over operation of boats.
Summary as introduced: Local control over operation of boats. Provides that no locality or other political subdivision shall adopt or enforce any ordinance, resolution, or motion governing the operation of any watercraft, boat, or vessel other than those expressly authorized by statute. Any local ordinance, resolution, or motion adopted prior to July 1, 2006, governing the operation of any watercraft, boat, or vessel, other than those expressly authorized by statute, is invalid.
A BILL to amend and reenact §§ 23-135.7:6, 45.1-390, 58.1-322, and 58.1-3660 of the Code of Virginia and to amend the Code of Virginia by adding a Title numbered 67, consisting of chapters numbered 1 through 12, containing sections numbered 67-100 through 67-1203, relating to energy policy; sites for certain low-emission energy facilities; off-shore energy resource development; grants and income tax deductions for purchasing, producing or using clean and efficient energy; exempting certain certified pollution control equipment and facilities from local property taxation; clean coal projects; energy efficiency in state buildings; use of biodiesel fuel in public transportation vehicles; the enforceability of covenants restricting the use of solar energy collection devices; motor vehicle fuel efficiency standards; and the establishment of a methane hydrates research center, all of which comprise components of the Virginia Energy Plan.
Summary as introduced: Virginia Energy Plan. Establishes an energy policy of the Commonwealth and directs the Division of Energy of the Department of Mines, Minerals and Energy, in consultation with the State Corporation Commission, Department of Environmental Quality, and Virginia Center for Coal and Energy Research, to prepare a comprehensive Virginia Energy Plan to implement the policy. The measure directs the Virginia Liaison Office to work with members of the State Congressional Delegation and executive agencies to obtain an exemption to the existing federal moratorium on offshore natural gas exploration and development activity, and to enable Virginia to exercise exclusive jurisdiction over offshore wind energy resources. Royalties, lease payments, and other moneys paid by the federal government to the Commonwealth that are attributable to the development of offshore energy resources are to be deposited in the State Offshore Energy Revenue Fund and allocated among Chesapeake Bay water quality improvement programs and efforts, the Transportation Trust Fund, clean coal technology research, funding a methane hydrates research center and other alternative energy initiatives, and grants for producing and using clean and efficient energy. The Virginia Liaison Office is also directed to work with members of the State Congressional Delegation and executive agencies to enact legislation that increases the corporate average fuel efficiency standards for motor vehicles. The Center for Coal and Energy Research is directed to encourage qualified state institutions of higher education to apply for federal grants to finance a center of excellence for advancing new clean coal technologies and will administer a clean coal technology research fund. Designs for state buildings are required to incorporate reasonable cost-effective energy conservation measures and alternative energy systems. The measure requires all localities and transportation districts that provide mass transit or public transportation through the use of diesel-fueled vehicles to use biodiesel fuel in amounts not less than 1 percent of total diesel fuel consumption by volume, effective when the annual capacity in the Commonwealth for the production of biodiesel fuel exceeds one million gallons, but in no event before July 1, 2007, as a condition for receiving state funding. A methane hydrates research center is established at Old Dominion University. The measure invalidates any restrictive covenant or similar specification that restricts or prohibits solar energy collection devices. The measure also directs the State Corporation Commission to develop a system for scoring parcels in the Commonwealth for their suitability as wind energy facilities, liquefied natural gas terminals, and nuclear energy facilities, upon recommendation by the Department of General Services for state-owned land, local governing bodies with the consent of the parcel's owner, or the owner of a parcel. Parcels that are scored as being optimal sites for such low-emission energy facilities would be eligible to use a one-stop permitting process, as may be adopted by the General Assembly. If approvals for such a facility are granted through the one-stop permitting process, the use of the parcel for the low-emission energy facility would be deemed to satisfy local zoning requirements. The existing Surry and North Anna nuclear plant sites and other sites determined through the U.S. Nuclear Regulatory Commission licensing process to be suitable for development of new nuclear generating units shall be deemed optimal sites without further proceedings. The bill also provides grant awards for producing and using clean and efficient energy including (i) grant awards in the amount of 0.85 cents for each kilowatt hour of electricity produced by a corporation from certain renewable energy resources and (ii) grants to individuals and corporations equal to 15 percent of the cost incurred in installing photovoltaic property, solar water heating property, or wind-powered electrical generators. The grants are limited to $2,000 for each system of photovoltaic property, $1,000 for each system of solar water heating property, and $1,000 for each system of wind-powered electrical generators. The measure provides individual income tax deductions for 20 percent of the cost of certain appliances meeting energy star efficiency requirements developed by the federal government and for fuel cells, heat pumps, air conditioners, boilers, furnaces and water heaters meeting specified performance measures, and for the sales and use tax paid on motor vehicles using clean special fuel sources as a source of propulsion. Finally, the measure exempts certified pollution control equipment and facilities used in collecting, processing, and distributing landfill gas or natural gas recovered from waste from taxation.
Patrons: Lingamfelter and Parrish; Senator: Ruff
Summary as introduced: Virginia Energy Plan. Establishes an energy policy of the Commonwealth and directs the Division of Energy of the Department of Mines, Minerals and Energy, in consultation with the State Corporation Commission, Department of Environmental Quality, and Virginia Center for Coal and Energy Research, to prepare a comprehensive Virginia Energy Plan to implement the policy. The measure directs the Virginia Liaison Office to work with members of the State Congressional Delegation and executive agencies to obtain an exemption to the existing federal moratorium on offshore natural gas exploration and development activity, and to enable Virginia to exercise exclusive jurisdiction over offshore wind energy resources. Royalties, lease payments, and other moneys paid by the federal government to the Commonwealth that are attributable to the development of offshore energy resources are to be deposited in the State Offshore Energy Revenue Fund and allocated equally among the Virginia Water Quality Improvement Fund, the Transportation Trust Fund, and distributions to Virginia citizens on a per capita basis. The Virginia Liaison Office is also directed to work with members of the State Congressional Delegation and executive agencies to enact legislation that increases the corporate average fuel efficiency standards for motor vehicles. The Center for Coal and Energy Research is directed to encourage qualified state institutions of higher education to apply for federal grants to finance a center of excellence for advancing new clean coal technologies and will administer a clean coal technology research fund. Designs for state buildings are required to incorporate reasonable cost-effective energy conservation measures and alternative energy systems. The measure requires all localities and transportation districts that provide mass transit or public transportation through the use of diesel-fueled vehicles to use biodiesel fuel in amounts not less than 1 percent of total diesel fuel consumption by volume, effective when the annual capacity in the Commonwealth for the production of biodiesel fuel exceeds one million gallons, but in no event before July 1, 2007, as a condition for receiving state funding. A methane hydrates research center is established at Old Dominion University. The measure invalidates any restrictive covenant or similar specification that restricts or prohibits solar energy collection devices. The measure also directs the State Corporation Commission to develop a system for scoring parcels in the Commonwealth for their suitability as wind energy facilities, liquefied natural gas terminals, and nuclear energy facilities, upon recommendation by the Department of General Services for state-owned land, local governing bodies with the consent of the parcel's owner, or the owner of a parcel. Parcels that are scored as being optimal sites for such low-emission energy facilities would be eligible to use a one-stop permitting process, as may be adopted by the General Assembly. If approvals for such a facility are granted through the one-stop permitting process, the use of the parcel for the low-emission energy facility would be deemed to satisfy local zoning requirements. The existing Surry and North Anna nuclear plant sites and other sites determined through the U.S. Nuclear Regulatory Commission licensing process to be suitable for development of new nuclear generating units shall be deemed optimal sites without further proceedings. The bill also provides grant awards for producing and using clean and efficient energy including (i) grant awards in the amount of 0.85 cents for each kilowatt hour of electricity produced by a corporation from certain renewable energy resources and (ii) grants to individuals and corporations equal to 15 percent of the cost incurred in installing photovoltaic property, solar water heating property, or wind-powered electrical generators. The grants are limited to $2,000 for each system of photovoltaic property, $1,000 for each system of solar water heating property, and $1,000 for each system of wind-powered electrical generators. The measure provides individual income tax deductions for 20 percent of the cost of certain appliances meeting energy star efficiency requirements developed by the federal government and for fuel cells, heat pumps, air conditioners, boilers, furnaces and water heaters meeting specified performance measures, and for the sales and use tax paid on motor vehicles using clean special fuel sources as a source of propulsion. Finally, the measure exempts certified pollution control equipment and facilities used in collecting, processing, and distributing landfill gas or natural gas recovered from waste from taxation.
Patrons: Saxman; Senator: Ruff
Incorporated by Commerce and Labor into HB1153-Lingamfelter which was left in House Appropriations
An Act to amend and reenact §§ 2.2-115 and 2.2-2238.1 of the Code of Virginia, relating to high-speed and broadband internet access in underserved areas.
Summary as passed: High-speed and broadband internet access in underserved areas. Adds a provision in the Governor's Development Opportunity Fund to allow grants or loans for the purpose of installing, extending, or increasing the capacity of high-speed or broadband internet access. The bill also amends § 2.2-2238.1 to require the Virginia Economic Development Partnership Authority to review and evaluate, in its program developed under the section, existing industrial sites and infrastructure that will provide broadband or high-speed internet access to rural and underserved areas of the Commonwealth.
Patrons: Wittman, Crockett-Stark, Kilgore, Nutter and Toscano
An Act to amend the Code of Virginia by adding in Article 1 of Chapter 2 of Title 33.1 a section numbered 33.1-228.1, relating to agreements between localities for construction and operation of toll facilities.
Summary as introduced: Local toll facilities. Allows adjoining counties, cities, and towns to enter into agreements for the construction and operation of toll highways, bridges, and ferries within their boundaries.
An Act to amend and reenact § 15.2-2403 of the Code of Virginia, relating to the collection of annual tax for road construction purposes.
Summary as introduced: Powers of service districts. Expands the powers of service districts to include the accumulation and setting aside of annual tax revenue collected for road construction for such reasonable period of time as is necessary to finance such construction.
Patron: Cox
An Act to amend the Code of Virginia by adding a section numbered 33.1-23.03:0001, relating to establishment of specific mobility goals for addressing the transportation needs of populations with limited mobility.
Summary as introduced: Mobility goals for addressing the transportation needs of populations with limited mobility. Requires the Commonwealth Transportation Board, in cooperation with other local, regional, or statewide agencies and entities vested with transportation planning responsibilities, to establish specific mobility goals for addressing the transportation needs of populations with limited mobility and incorporate such goals in the development and implementation of the Statewide Transportation Plan required by § 33.1-23.03.
An Act to amend the Code of Virginia by adding a section numbered 56-446.1, relating to limitations on passenger rail transportation liability.
Summary as passed: Passenger rail service liability. Authorizes an authority, comprised of two or more political subdivisions of the Commonwealth that provide public rail transportation services, to contract with a railroad company to allocate financial responsibility for claims related to passenger rail services. The measure limits the aggregate liability of the authority and the railroad company for claims arising from a single accident or incident related to passenger rail services to $250 million per incident or accident. Willful and wanton conduct, felonious criminal conduct, and gross negligence are not subject to the cap. The bill provides for an adjustment to the cap for inflation starting in 2011. This bill is identical to SB 652.
An Act to amend and reenact § 46.2-100 of the Code of Virginia, relating to the definition of highway; emergency.
Summary as introduced: Definition of "highway." Expands the definition of "highway" in § 46.2-100 to include the entire width between the boundary lines of every way or place used for purposes of vehicular travel on any property owned, leased, or controlled by the United States government and located in the Commonwealth.
Patron: Frederick
An Act to amend and reenact § 33.1-12 of the Code of Virginia, relating to awarding of design-build contracts by the Commonwealth Transportation Board.
Summary as introduced: Awarding of design-build contracts by Commonwealth Transportation Board. Eliminates the number and dollar limitations on awarding of design-build contracts by the Commonwealth Transportation Board.
Patrons: Wardrup, Albo, Athey, Byron, Cosgrove, Crockett-Stark, Fralin, Frederick, Hurt, Iaquinto, Kilgore, Landes, Lingamfelter, Marshall, D.W., May, McQuigg, Nixon, O'Bannon, Purkey, Reid, Rust, Scott, E.T., Suit, Tata, Welch and Wittman
An Act to amend the Code of Virginia by adding a section numbered 33.1-49.1, relating to contracts for maintenance of components of the Interstate Highway System.
Summary as passed House: Contracts for maintenance of components of Interstate Highway System. Requires that, with a few exceptions, all maintenance on components of the Interstate Highway System in Virginia be carried out under contracts awarded by the Commonwealth Transportation Commissioner and approved by the Commonwealth Transportation Board.
Patrons: Wardrup, Albo, Cosgrove, Crockett-Stark, Fralin, Frederick, Iaquinto, Marshall, D.W., McQuigg, Nixon, O'Bannon, Purkey, Reid, Rust and Wittman
An Act to amend and reenact § 46.2-756 of the Code of Virginia, relating to collection of certain fees by Department of Motor Vehicles.
Summary as passed House: Local vehicle license fees, etc. Requires the DMV Commissioner to develop and implement standardized procedures and fees whereby the Commissioner, when so requested in writing by the treasurer or director of finance of any county, city, or town, will refuse to issue or renew any vehicle registration of persons who owe the locality any local vehicle license fees or delinquent tangible personal property tax or parking fines. This bill becomes effective January 1, 2007.
Patron: Wardrup
An Act to amend the Code of Virginia by adding in Article 15 of Chapter 1 of Title 33.1 a section numbered 33.1-223.2:16, relating to design-build contracts for local transportation construction projects.
Summary as introduced: Design-build contracts. Allows counties, cities, and towns to award contracts for the construction of transportation projects on a design-build basis.
Patrons: Wardrup, Albo, Athey, Byron, Cosgrove, Crockett-Stark, Dudley, Fralin, Frederick, Hurt, Iaquinto, Kilgore, Landes, Lingamfelter, Marshall, D.W., May, McQuigg, Nixon, O'Bannon, Purkey, Rapp, Reid, Rust, Saxman, Scott, E.T., Suit, Tata, Welch, Wittman and Wright
An Act to amend and reenact § 33.1-12 of the Code of Virginia, relating to general powers of the Commonwealth Transportation Board; naming of highways and bridges.
Summary as passed House: Naming highways and bridges. Requires the Commonwealth Transportation Board to receive resolutions from affected local governing bodies in support of a highway or bridge naming before naming a highway or bridge and requires that costs of producing, placing, and maintaining signs indicating the names of highways and bridges be borne by the locality in which they are located. Highways and bridges are not to be named for living people.
An Act to direct the Commonwealth Transportation Commissioner to report on certain actions and initiatives of the Virginia Department of Transportation.
Summary as introduced: Annual report by CTC to General Assembly. Requires the Commonwealth Transportation Commissioner (CTC) annually to report in writing to the General Assembly, no later than November 30 of each year, on all actions, accomplishments, achievements, and initiatives of the Virginia Department of Transportation in the preceding fiscal year that involved outsourcing, privatization, and downsizing. The bill further requires the CTC to provide, in writing to the General Assembly, detailed and specific plans for outsourcing, privatization, and downsizing in the current fiscal year.
Patrons: Wardrup, Albo, Athey, Byron, Hurt, Iaquinto, Kilgore, Landes, Lingamfelter, Marshall, D.W., May, Rapp, Suit, Welch, Wittman and Wright
An Act directing the Commonwealth Transportation Commissioner to report on certain accomplishments, actions, and initiatives of the Virginia Department of Transportation.
Summary as passed House: Annual report by Commonwealth Transportation Commissioner on certain accomplishments, actions, and initiatives of the Virginia Department of Transportation. Requires that the Commonwealth Transportation Commissioner annually report in writing to the General Assembly, no later than November 30 of each year, on all actions and initiatives of the Virginia Department of Transportation in the preceding fiscal year that involved outsourcing, privatization, and downsizing. The Commissioner is further required to provide, in writing to the General Assembly, detailed and specific plans for outsourcing, privatization, and downsizing in the current fiscal year, including, but not limited to, appropriate asset management and intelligent transportation system functions and services.
Patrons: Wardrup, Athey, Cosgrove, Crockett-Stark, Fralin, Frederick, Iaquinto, Kilgore, Landes, Lingamfelter, Marshall, D.W., May, McQuigg, Nixon, O'Bannon, Purkey, Reid, Saxman, Suit, Tata, Welch and Wittman
An Act to amend the Code of Virginia by adding in Title 33.1 a chapter numbered 17, consisting of a section numbered 33.1-464, relating to the Interstate Public-Private Partnership Compact.
Summary as introduced: Interstate Public-Private Transportation Partnership Compact. Establishes the Interstate Public-Private Transportation Partnership Compact.
Patron: Fralin
An Act to amend and reenact § 33.1-75.3 of the Code of Virginia, relating to primary and secondary highway construction projects carried out by counties.
Summary as passed House: Primary and secondary system highway projects undertaken by counties. Grants counties carrying out construction projects under § 33.1-75.3 the same power to enter property to survey transportation projects granted the Commonwealth Transportation Commissioner. The bill also provides that (i) any county without an existing franchise agreement shall have the same authority as the Department pertaining to the relocation of utilities and (ii) whenever so requested by any county, funding of any project may be supplemented solely by state funds to avoid complying with additional federal requirements, provided that a determination has been made by the Department that adequate state funds are available to fully match federal funds and the Department can meet its federal obligation authority.
Patrons: Fralin; Senator: Bell
An Act to amend and reenact § 33.1-70.1 of the Code of Virginia, relating to the Rural Rustic Road program.
Summary as introduced: Rural Rustic Road program. Allows roads with average daily traffic volumes of no more than 1,000 vehicles to qualify for the Rural Rustic Road program. Present law limits roads in the program to average daily traffic volumes of no more than 500 vehicles.
An Act to amend and reenact §§ 15.2-4504, 15.2-4529, and 58.1-1720 of the Code of Virginia, relating to the motor vehicle fuels tax in certain transportation districts.
Summary as introduced: Sales tax on motor fuels. Sets the effective date for sales tax on fuels in certain transportation districts.
An Act to amend and reenact § 33.1-221 of the Code of Virginia, relating to industrial access roads.
Summary as introduced: Industrial access roads. Changes the term "industrial" sites to "economic development" sites to include nonmanufacturing as well as manufacturing developments.
Patrons: Johnson, Carrico and Kilgore; Senators: Puckett and Wampler
A BILL to amend the Code of Virginia by adding a section numbered 58.1-815.4, relating to the dedication of certain recordation taxes to the Transportation Trust Fund.
Summary as introduced: Transportation Trust Fund; dedication of certain recordation tax revenue. Dedicates to the Transportation Trust Fund the additional recordation tax revenue generated by the recordation tax increase enacted during the 2004 Special Session I.
Patrons: Lingamfelter, Cole, Gear, Hugo, Orrock and Wright
Incorporated by House Appropriations HB1257-Hugo which was left in Senate Finance
An Act to require that funds be allocated to counties for use under the Rural Addition Program.
Summary as passed: Rural Addition Program. Provides that the Commonwealth Transportation Board and the Commonwealth Transportation Commissioner cannot diminish funds allocated or allocable to any county for use under the Rural Addition Program because of a county ordinance authorizing the use of private roads not built to standards set by the Department of Transportation or construction of subdivisions streets built to standards other than those established by VDOT. The bill further provides that, in those counties where the bill is applicable, a local ordinance must state that any and all streets that are not constructed to meet the standards necessary for inclusion in the system of state highways must be privately maintained and will not be eligible for acceptance into the system of state highways unless improved to current Department of Transportation standards with funds other than those appropriated by the General Assembly and allocated by the Commonwealth Transportation Board. This bill incorporates HB 792 and HB 1515.
An Act to amend and reenact § 33.1-23.1 of the Code of Virginia, relating to allocation of highway construction funds for rail projects that will result in mitigation of highway congestion.
Summary as introduced: Allocation of highway construction funds for rail projects. Allows the Commonwealth Transportation Board to allocate up to 10% of funds available for highway construction to undertaking and financing of rail projects that, in its determination, will result in mitigation of highway congestion.
An Act to amend and reenact § 2.2-229 of the Code of Virginia, relating to the Intermodal Office of the Secretary of Transportation.
Summary as introduced: Intermodal Office. Provides more specific functions and goals for the Intermodal Office in the Office of the Secretary of Transportation.
Patron: Houck
An Act to establish the Virginia-North Carolina Interstate Toll Road Compact.
Summary as passed: Virginia-North Carolina Interstate Toll Road Compact. Establishes the Virginia-North Carolina Interstate Toll Road Compact to set, impose, and collect tolls for use of Interstate Route 95.
Patron: Wagner
Summary as passed: Passenger rail service liability. Authorizes an authority, comprised of two or more political subdivisions of the Commonwealth that provide public rail transportation services, to contract with a railroad company to allocate financial responsibility for claims related to passenger rail services. The measure limits the aggregate liability of the authority and the railroad company for claims arising from a single accident or incident related to passenger rail services to $250 million per incident or accident. Willful and wanton conduct, felonious criminal conduct, and gross negligence are not subject to the cap. The bill provides for an adjustment to the cap for inflation starting in 2011. This bill is identical to HB 317.
Patrons: Saslaw and Whipple
Patron: Miller
An Act to amend and reenact §§ 33.1-23.03:1, 56-557, 56-558, 56-560, 56-563, 56-564, 56-566, 56-567.1, 56-573.1, 58.1-811, 58.1-3203, and 58.1-3703 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 33.1-23.03:9 and 58.1-3606.1, relating to concession agreements pursuant to the Public-Private Transportation Act of 1995 and the taxation thereof; allocation of concession payments.
Summary as passed: Public-Private Transportation Act; "concessions." Authorizes "concession" agreements under the Public-Private Transportation Act of 1995.
Patrons: Saslaw and Howell
An Act to amend and reenact §§ 15.2-2001 and 33.1-12 of the Code of Virginia, relating to establishment of highway user fees.
Summary as passed Senate: Highway user fees. Provides that, when the capacity of any system of state highways or a portion thereof is expanded by construction or reconstruction, the Commonwealth Transportation Commissioner may enter into agreements with localities, authorities, and transportation districts to establish highway user fees for highways that the localities, authorities, and transportation districts maintain. The bill also allows any locality to establish highway user fees for highways that are not part of any system of state highways when such highway’s capacity is expanded by construction or reconstruction.
An Act to amend and reenact §§ 33.1-72.1 and 33.1-75.3 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 33.1-23.05, and to repeal § 33.1-75.1 of the Code of Virginia, relating to matching and revenue-sharing funds for highways in certain counties, cities, and towns.
Summary as introduced: Revenue-sharing funds for systems in certain counties, cities, and towns. Expands the present revenue-sharing fund program for counties to include cities and towns as well. The annual match limit is raised to $1 million per locality, and the total limit on state funds is raised to $50 million. Up to half of local contributions may take the form of proffers. Since the program now applies to all localities (not just counties), the present section embodying the program is repealed, and the new program is relocated to the article of Chapter 1 of Title 33.1 dealing with overall allocations of highway improvement funds.
Requesting the Department of Rail and Public Transportation to conduct a study for improved public transportation services to Fort Belvoir in Fairfax County and the Marine Corps Base at Quantico in Prince William and Stafford Counties. Report.
Summary as passed Senate: Study; public transportation in U.S. 1 corridor; report. Requests the Department of Rail and Public Transportation to conduct a study for improved public transportation services to Fort Belvoir in Fairfax County and the Marine Corps Base at Quantico in Prince William and Stafford Counties. The Department of Rail and Public Transportation shall conduct the study in consultation with Fort Belvoir, Quantico Marine Corps Base, the Potomac Rappahannock Transportation Commission, the Virginia Railway Express, and the counties of Fairfax, Prince William, and Stafford. However, this study may not be conducted unless funding is provided in the Appropriations Act to assist impacted localities in funding needs associated with the implementation of and response to the recommendations of the 2005 Base Realignment and Closure Commission (BRAC).
Patrons: Puller and Colgan; Delegates: Albo, Amundson, Lingamfelter, McQuigg, Parrish and Sickles
Passed Senate and House
Establishing a joint subcommittee to study the role of the Commonwealth and its agencies in meeting Virginia's future transportation needs. Report.
Summary as introduced: Study; Virginia's future transportation needs; report. Establishes a joint subcommittee to study the role of the Commonwealth and its agencies in meeting Virginia's future transportation needs.
HB 662 Chesapeake Bay Bridge-Tunnel; authorization from GA required before undertaking construction, etc.
A BILL to amend and reenact § 2, as amended, of Chapter 714 of the Acts of Assembly of 1956, relating to construction, etc., of an additional bridge and tunnel crossing of the Chesapeake Bay parallel to the Chesapeake Bay Bridge-Tunnel.
Summary as introduced: Chesapeake Bay Bridge-Tunnel. Requires the Chesapeake Bay Bridge and Tunnel Commission to obtain authorization from the General Assembly before undertaking the construction and operation of any tunnel paralleling an existing tunnel or making provision for the financing of any such project.
Patrons: Wardrup, Cosgrove, Crockett-Stark, Nixon, O'Bannon, Purkey, Reid and Wittman
HB 767 Transportation Trust Fund; dedication of certain surplus revenue.
A BILL to amend and reenact § 33.1-23.03:1 of the Code of Virginia, relating to the Transportation Trust Fund; appropriation of certain surplus revenues.
Summary as introduced: Transportation Trust Fund; dedication of certain surplus revenue. Dedicates to the Transportation Trust Fund 75% of any annual general fund surplus revenues remaining after any required deposits to the Revenue Stabilization Fund and to the Virginia Water Quality Improvement Fund.
Patron: Sickles
Continued to 2007 in House Appropriations
HB 1481 Secondary highway system; rural additions in Wythe County.
A BILL to amend and reenact § 33.1-72.1 of the Code of Virginia, relating to rural additions to the secondary highway system in Wythe County.
Summary as introduced: Secondary highway system; rural additions. Allows any road in Wythe County to be taken into the secondary system as a rural addition if such road was recorded in the Wythe County Circuit Court Clerk's Office prior to November 1, 1999.
Patrons: Crockett-Stark and Nutter
HJ 3 Constitutional amendment; Transp. Fund, Transp. Trust Fund, & Hwy. Maintenance & Operating Fund.
Proposing an amendment to the Constitution of Virginia by adding in Article X a section numbered 7-B, relating to special funds for transportation purposes.
Summary as introduced: Constitutional amendment (first resolution); Transportation Funds. Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, and Highway Maintenance and Operating Fund. All revenues dedicated to Transportation Funds on January 1, 2007, by general law, other than a general appropriation law, shall be deposited to the Transportation Funds, unless the General Assembly by general law, other than a general appropriation law, alters the revenues dedicated to the Funds. The amendment limits the use of Fund moneys to transportation and related purposes. The General Assembly may borrow from the Funds for other purposes only by a vote of two-thirds plus one of the members voting in each house, and the loan or reduction must be repaid with reasonable interest within four years.
Patrons: Lingamfelter, Kilgore, Landes and McQuigg
HJ 18 Constitutional amendment; Transp. Fund, Transp. Trust Fund, & Hwy. Maintenance & Operating Fund.
HJ 24 Constitutional amendment; Hwy. Maintenance & Operating Fund, & Transp. Trust Fund, cont. (1st ref.).
Proposing an amendment to the Constitution of Virginia by adding in Article X a section numbered 7-B, relating to special funds for highway and transportation purposes.
Summary as introduced: Constitutional amendment (first resolution); highway and transportation trust funds. Provides that the Highway Maintenance and Operating Fund and the Transportation Trust Fund established in 1986 will be permanent and separate funds and will be funded annually by the General Assembly by appropriations of the revenues generated by the 1986 package of tax and fee increases and the revenues from all other sources that were appropriated to the Funds in the fiscal year ending June 30, 2005. The amendment limits the use of Fund moneys to transportation and related purposes.
HJ 80 Constitutional amendment; Transportation Funds (first reference).
Summary as introduced: Constitutional amendment (first resolution); Transportation Funds. Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, and Highway Maintenance and Operating Fund. All revenues dedicated to Transportation Funds on January 1, 2006, by general law, other than a general appropriation law, shall be deposited to the Transportation Funds, unless the General Assembly by general law, other than a general appropriation law, alters the revenues dedicated to the Funds. The amendment limits the use of Fund moneys to transportation and related purposes. The General Assembly may borrow from the Funds for other purposes only by a vote of two-thirds plus one of the members voting in each house, and the loan or reduction must be repaid with reasonable interest within four years. This proposed constitutional amendment is identical to the amendment proposed in SJR 58.
Patron: Iaquinto
HJ 102 Chesapeake Bay Bridge-Tunnel; joint subcommittee to study selling or leasing to private operator.
Establishing a joint subcommittee to study the desirability and feasibility of selling or leasing the Chesapeake Bay Bridge-Tunnel to a private operator. Report.
Summary as introduced: Study; sale or lease of Chesapeake Bay Bridge-Tunnel; report. Establishes a joint subcommittee to study the desirability and feasibility of selling or leasing the Chesapeake Bay Bridge-Tunnel to a private operator. This resolution is continued to 2007.
Patrons: Gear and Welch
Continued to 2007 in House Rules
HJ 138 Constitutional amendment; Hwy. Maintenance & Operating Fund, & Transp. Trust Fund, cont. (1st ref.).
Summary as introduced: Constitutional amendment (first resolution); highway and transportation trust funds. Provides that the Highway Maintenance and Operating Fund and the Transportation Trust Fund established in 1986 will be permanent and separate funds and will be funded annually by the General Assembly by appropriations equivalent to the revenues generated by the 1986 package of tax and fee increases and other revenues dedicated to the Funds. The amendment limits the use of Fund moneys to transportation and related purposes. The General Assembly may borrow from the Funds for other purposes only by a vote of two-thirds plus one of the members voting in each house, and the loan or reduction must be repaid with reasonable interest within four years.
Patron: Moran
HJ 182 Constitutional amendment (first resolution); Transportation Trust Fund.
Proposing an amendment to the Constitution of Virginia by adding in Article X a section numbered 7-B, relating to the Transportation Trust Fund.
Summary as introduced: Constitutional amendment (first resolution); Transportation Trust Fund. Provides that the Transportation Trust Fund established in 1986 will be a permanent fund and receive all revenues generated by the 1986 package of tax and fee increases and any later enactments dedicating additional revenues to the Fund. The amendment limits the use of Trust Fund moneys to purposes of highway construction, maintenance, and improvements, public transportation, railways, seaports, and airports. The General Assembly may use fund proceeds for other purposes only by a two-thirds vote of the members in each house. However, fund proceeds used for other purposes must be repaid to the Fund within three years.
HJ 238 Constitutional amendment; Transportation Fund and Transportation Trust Fund, etc. (first reference).
Summary as introduced: Constitutional amendment (first resolution); Transportation Funds. Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, Highway Maintenance and Operating Fund, Priority Transportation Fund, and other funds dedicated to transportation by general law. All revenues dedicated to Transportation Funds on January 1, 2006, by general law, other than a general appropriation law, shall be deposited to the Transportation Funds, unless the General Assembly by general law, other than a general appropriation law, alters the revenues dedicated to the Funds. The amendment limits the use of Fund moneys to transportation and related purposes. The General Assembly may borrow from the Funds for other purposes only by a vote of two-thirds plus one of the members voting in each house, and the loan or reduction must be repaid with reasonable interest within three years.
SB 285 Highway construction districts; transfers Gloucester County from Fredericksburg to Hampton Roads.
A BILL to transfer Gloucester County from the Fredericksburg highway construction district to the Hampton Roads highway construction district.
Summary as introduced: Highway construction districts; Gloucester County. Transfers Gloucester County from the Fredericksburg highway construction district to the Hampton Roads highway construction district.
Patrons: Norment; Delegate: Morgan
SB 332 Traffic offenses; additional penalties for certain violations.
A BILL to amend the Code of Virginia by adding in Article 11 of Chapter 8 of Title 46.2 a section numbered 46.2-902.2, relating to additional penalties for traffic offenses.
Summary as introduced: Traffic offenses; additional penalties. Provides that a judge may require persons convicted of certain traffic offenses that resulted in death or permanent and significant physical impairment to speak for up to 40 hours before driver education classes in the Commonwealth, in addition to any other penalties. The Department of Education will administer the program except for motorcycle offenses, which will be administered by the Department of Motor Vehicles. A person who unreasonably fails to complete the hours ordered is guilty of a Class 1 misdemeanor with a mandatory minimum 30 days in jail and $500 fine and will have his driver's license suspended for one year with no eligibility for a restricted license. The offenses included are: right of way violations, lane direction control signals violations, certain uses of controlled access highways, failure to obey lawfully erected signs, illegal right or left turn on steady red after stopping, and reckless driving.
Continued to 2007 in Senate Courts of Justice
SB 346 Highways; payments to Town of Broadway for maintenance, construction, or reconstruction thereof.
A BILL to amend and reenact § 33.1-41.1 of the Code of Virginia, relating to payments by the Commonwealth Transportation Commissioner to the Town of Broadway for maintenance, construction, or reconstruction of highways.
Summary as introduced: Highway maintenance, construction, or reconstruction payments to Town of Broadway. Requires the Commonwealth Transportation Commissioner, subject to the approval of the Commonwealth Transportation Board, to make payments for maintenance, construction, or reconstruction of highways to the Town of Broadway.
SJ 49 Constitutional amendment; funds for transportation purposes (first reference).
Proposing an amendment to the Constitution of Virginia by adding in Article X a section numbered 7-B, relating to funds for transportation purposes.
Summary as passed Senate: Constitutional amendment (first resolution); Transportation Funds. Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, Highway Maintenance and Operating Fund, Priority Transportation Fund, and other funds dedicated to transportation by general law. All revenues dedicated to Transportation Funds on July 1, 2006, by general law, other than a general appropriation law, shall be deposited to the Transportation Funds, unless the General Assembly by general law, other than a general appropriation law, alters the revenues dedicated to the Funds. The amendment limits the use of Fund moneys to transportation and related purposes. The General Assembly may borrow from the Funds for other purposes only by a vote of two-thirds plus one of the members voting in each house, and the loan or reduction must be repaid with reasonable interest within three years. The amendment limits the use of general and other non-transportation funds for transportation purposes except for certain debt service payments and, additionally, an amount not to exceed $80 million in any fiscal year. This proposed constitutional amendment is identical to the amendment proposed in SJR 180.
SJ 78 Constitutional amendment; Highway and Trasnportation Trust Funds, (first reference).
Patron: Rerras
SJ 83 Constitutional amendment; Transportation Trust Fund, continued (first reference).
Summary as introduced: Constitutional amendment (first resolution); Transportation Trust Fund. Provides that the Transportation Trust Fund established in 1986 will be a permanent fund and be funded annually by the General Assembly by appropriations equivalent to the revenues generated by the 1986 package of tax and fee increases or the appropriation for the fiscal year ending June 30, 2005, whichever is greater. The amendment limits the use of Trust Fund moneys to highway construction, improvements, administration, and maintenance, and to improve public transportation, railways, seaports, and airports. The General Assembly may borrow from the Fund for other purposes or reduce the level of required appropriations to the Fund only by a three-fifths vote of members in each house, and the loan or reduction must be repaid within four years.
SJ 180 Constitutional amendment; funds for transportation purposes (first reference).
Summary as passed Senate: Constitutional amendment (first resolution); Transportation Funds. Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, Highway Maintenance and Operating Fund, Priority Transportation Fund, and other funds dedicated to transportation by general law. All revenues dedicated to Transportation Funds on July 1, 2006, by general law, other than a general appropriation law, shall be deposited to the Transportation Funds, unless the General Assembly by general law, other than a general appropriation law, alters the revenues dedicated to the Funds. The amendment limits the use of Fund moneys to transportation and related purposes. The General Assembly may borrow from the Funds for other purposes only by a vote of two-thirds plus one of the members voting in each house, and the loan or reduction must be repaid with reasonable interest within three years. The amendment limits the use of general and other non-transportation funds for transportation purposes except for certain debt service payments and, additionally, in an amount not to exceed $80 million in any fiscal year. This proposed constitutional amendment is identical to the amendment proposed in SJR 49.
Patrons: Howell and Herring
HB 85 Retail Sales and Use Tax revenue; increases amount to Transportation Trust Fund.
A BILL to amend and reenact § 58.1-638 of the Code of Virginia, relating to sales and use tax revenue dedicated to the Transportation Trust Fund.
Summary as introduced: Sales and use tax revenue dedicated to the Transportation Trust Fund. Increases the amount of sales and use tax revenue dedicated to the Transportation Trust Fund from an amount generated by a one-half percent sales and use tax, to an amount generated by a 1% sales and use tax.
Patrons: Cole, Frederick, Janis, Lingamfelter and Wardrup; Senator: Cuccinelli
HB 117 Highway system construction funds; vehicle registration factor in allocation thereof.
A BILL to amend and reenact § 33.1-23.2 of the Code of Virginia, relating to allocation of construction funds for the primary highway system and interstate highway system matching.
Summary as introduced: Primary highway system construction funds allocation. Replaces primary system lane miles with vehicle registrations as a factor in allocating primary highway system construction funds among the nine highway construction districts.
Left in House Transportation
HB 118 Transportation Trust Fund; increases amount of sales and use tax revenue dedicated thereto.
Summary as introduced: Sales and use tax revenue dedicated to the Transportation Trust Fund. Increases the amount of sales and use tax revenue dedicated to the Transportation Trust Fund from an amount generated by a 0.50 percent sales and use tax, to an amount generated by a 0.75 percent sales and use tax.
Patrons: Marshall, R.G., Frederick and McQuigg; Senator: Cuccinelli
Left House in Appropriations
HB 119 Highway system construction funds; distributes allocation to planning districts.
Summary as introduced: Primary highway system construction funds allocation. Replaces primary system lane miles with vehicle registrations as a factor in allocating primary highway system construction funds. The bill also allocates primary system construction funds among the Commonwealth's 23 planning districts, rather than among the nine highway construction districts.
HB 133 Route 17; imposition and collection of tolls for use thereof in City of Chesapeake.
A BILL to authorize toll collections to finance improvements on Dominion Boulevard in the City of Chesapeake.
Summary as passed House: Tolls on U.S. Route 17 in Chesapeake. Requires VDOT to impose and collect tolls for use of U.S. Route 17 in Chesapeake.
Patrons: Cosgrove and Suit
Failed to pass in House after Conference Committee
HB 145 Motor vehicle fuels tax; imposition optional for localities in certain transportation districts.
A BILL to amend and reenact § 58.1-1720 of the Code of Virginia, relating to sales tax on fuel in certain transportation districts.
Summary as introduced: Motor vehicle fuels sales tax. Makes the imposition of the 2% motor vehicle fuels sales tax optional for the localities in certain transportation districts. Under current law, the tax is imposed automatically in those districts.
HB 165 Highway construction funds; allocations for primary and secondary highways.
A BILL to amend and reenact §§ 33.1-23.2 and 33.1-23.4 of the Code of Virginia, relating to allocation of construction funds for primary and secondary system highways.
Summary as introduced: Primary and secondary highway construction funds allocations. Revises the formulas used to allocate primary and secondary highway construction funds so that such funds are allocated on the basis of population.
Patrons: Lingamfelter, Frederick and McQuigg
HB 166 Defense Facility and Transportation Improvement Program, and Fund; created.
A BILL to amend the Code of Virginia by adding sections numbered 33.1-221.1:9 and 58.1-815.4, relating to the Virginia Defense Facility and Transportation Improvement Program and the Virginia Defense Facility and Transportation Improvement Program Fund.
Summary as introduced: Virginia Defense Facility and Transportation Improvement Fund and Program. Establishes the Virginia Defense Facility and Transportation Improvement Fund and Program. The Fund is to consist of $250 million of annual collections of state recordation taxes. Its proceeds are to be allocated by the Commonwealth Transportation Board to highway construction districts wherein federal defense facilities or bases are affected as the result of actions of the Base Realignment and Closure Commission, and are to be used for transportation infrastructure improvements. The provisions of the bill would expire on July 1, 2011.
Patron: Lingamfelter
Tabled in House Transportation
HB 298 Airport fees and charges; limits authority to impose off-site fees.
A BILL to amend and reenact § 5.1-44 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 5.1-32.1, relating to airport fees and charges.
Summary as introduced: Airport fees and charges. Limits authority to impose off-site fees.
Patron: Jones, S.C.
HB 309 High-occupancy lanes; extends sunset provision for vehicles bearing clean fuel license plates.
A BILL to amend and reenact § 33.1-46.2, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to alternative fuel vehicles; high-occupancy vehicle lanes; penalty.
Summary as introduced: Alternative fuel vehicles; high-occupancy lanes; penalty. Extends the sunset authorizing HOV lane use by vehicles bearing clean special fuel license plates to July 1, 2007. This bill has been incorporated into HB 1248.
Incorporated by House Transportation into HB1248-Hugo which passed
HB 314 DMV; assessment of fees on certain drivers.
A BILL to amend the Code of Virginia by adding a section numbered 46.2-206.1, relating to imposition of certain additional fees on certain drivers.
Summary as introduced: Assessment of fees by Department of Motor Vehicles (DMV) on certain drivers; use of fees collected. Requires the DMV Commissioner to impose and collect fees on drivers who have accumulated more than four net driver demerit points or have been convicted of reckless driving, aggressive driving, driving on a suspended or revoked license, DUI, or any other misdemeanor involving operation of a motor vehicle. Annually, minus the cost of collection, the funds shall be deposited into the state treasury and credited to the county, city, or town where the assessed person resides according to his address on record with the Department and, in consultation with the Commonwealth Transportation Board and the General Assembly, shall be used to pay for residential and secondary road improvements. This bill has been incorporated into HB 527.
Patrons: Albo, Rust, Bell, Callahan, Carrico, Cosgrove, Frederick, Gear, Kilgore, Landes, Lingamfelter, Marshall, D.W., McQuigg, O'Bannon, Suit and Tata; Senator: O'Brien
Incorporated by House Transportation into HB527-Rust which was Left in Senate Finance
HB 410 Recordation tax; distribution for transportation.
A BILL to amend the Code of Virginia by adding in Chapter 8 of Title 58.1 a section numbered 58.1-818, relating to distribution of state recordation tax.
Summary as introduced: Recordation tax; distribution for transportation. Provides for the distribution of excess recordation tax revenues to the Commonwealth Transportation Board for use throughout the Commonwealth for (i) projects that will reduce poor air quality, (ii) projects that will reduce traffic congestion, and (iii) projects that will aid the safety of motorists or pedestrians.
HB 446 Interstate Route 81; diversion of truck traffic thereon.
A BILL to determine conditions necessary to divert truck freight from Interstate Route 81.
Summary as introduced: Interstate Route 81 Corridor; diversion of truck traffic. Requires the Commonwealth of Virginia, through the Secretary of Transportation and its Rail Advisory Board, to complete a comprehensive feasibility plan to define the conditions that would be necessary to divert at least 60% of the long-haul, through-truck freight traffic to intermodal rail in the Interstate Route 81 Corridor. This bill was incorporated into HB 1581 (Cline).
Patrons: Shuler, Carrico, Crockett-Stark, Johnson and Ware, O.; Senators: Deeds and Reynolds
Incorporated by House Rules into HB1581-Cline which passed
HB 463 Passenger cars; those owned by local governments.
A BILL to amend and reenact § 46.2-750 of the Code of Virginia, relating to marking required on certain passenger cars owned by counties, cities, and towns; penalty.
Summary as introduced: Passenger cars owned by local governments. Requires that passenger cars that are owned by local governments and registered under subsection A of § 46.2-750 ("local government use" license plates) be conspicuously marked with the seal, symbol, emblem, or logotype of the county, city or town. Operation of a vehicle required to be marked with a local government seal, symbol, emblem, or logotype without such marking constitutes a traffic infraction.
Patron: Ingram
HB 477 Driver's license applications & registration cards; voluntary contribution for Prevent Blindness Va.
A BILL to amend and reenact §§ 46.2-323 and 46.2-604 of the Code of Virginia, relating to driver's license applications and vehicle registration cards; donations to Prevent Blindness Virginia.
Summary as introduced: Motor vehicle registration and driver's license application contents. Adds language to motor vehicle registration forms and driver's license application forms that allows such registrants and applicants to contribute $1 for Prevent Blindness Virginia, a nonprofit organization that provides driver education, vision screening and vision screening training.
Patron: Ware, R.L.
Stricken from docket by House Transportation
HB 488 Motor vehicle insurance license tax; revenues generated credited to Transportation Trust Fund.
A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 25 of Title 58.1 a section numbered 58.1-2511, relating to disposition of motor vehicle insurance license tax revenue.
Summary as introduced: Insurance premiums license tax; disposition of motor vehicle insurance license tax. Requires the revenues generated by the license tax on motor vehicle insurance companies to be credited to the Transportation Trust Fund when deposited in the state treasury.
HB 489 Transportation Investment Bond Act of 2006; created.
A BILL to amend and reenact §§ 33.1-268, 33.1-269, and 33.1-277 of the Code of Virginia; to amend the Code of Virginia by adding in Article 15 of Chapter 1 of Title 33.1 a section numbered 33.1-223.2:16, and sections numbered 58.1-2511 and 58.1-2512; to amend and reenact § 2 of the second enactment of Chapter 1019 of the Acts of Assembly of 2000 and § 2 of the second enactment of Chapter 1044 of the Acts of Assembly of 2000; and to repeal the third and tenth enactments of Chapter 1019 of the Acts of Assembly of 2000 and the third and tenth enactments of Chapter 1044 of the Acts of Assembly of 2000, relating to the dedication of certain insurance license tax revenues for transportation projects throughout the Commonwealth and to authorize the Commonwealth Transportation Board to issue revenue bonds for transportation projects throughout the Commonwealth.
Summary as introduced: Commonwealth Transportation Investment Fund. Creates the Commonwealth Transportation Investment Fund and dedicates to it one-third of all insurance license tax revenues, to be used for transportation projects throughout the Commonwealth. The Commonwealth Transportation Board is authorized to issue revenue bonds provided that the total face amount of bonds issued in any fiscal year shall not exceed two-thirds of the amount of insurance license tax revenues estimated to be dedicated in that year. The proceeds of the bonds shall be allocated among various transportation modes according to the formula under current law. All other revenues in the Fund not needed to pay debt service on the bonds, are allocated for transportation construction projects among the several highway systems of the Commonwealth according to the formula under current law. The particular transportation projects to be funded shall be determined by the Commonwealth Transportation Board. The bill also increases from $800 million to $1.2 billion the amount of Commonwealth of Virginia Federal Highway Reimbursement Anticipation Notes that were authorized in 2000 and dedicated to transportation projects, and makes other changes to transportation projects that were authorized in 2000.
HB 527 Highway Maintenance and Operating Fund; created.
A BILL to amend the Code of Virginia by adding a section numbered 46.2-206.1, relating to certain additional fees imposed on certain drivers; funding of asset management in the Highway Maintenance and Operating Fund.
Summary as passed House: Assessment of fees by Department of Motor Vehicles (DMV) on certain drivers; use of fees collected. Requires the DMV Commissioner to impose and collect fees on drivers who have accumulated more than four net driver demerit points or have been convicted of driving on a suspended or revoked license, reckless or aggressive driving, DUI, or any other misdemeanor or felony involving operation of a motor vehicle. Annually, the first $35 million of these fees, minus cost of collection, will be directed to the special matching fund established by § 33.1-23.05; the next $25 million will be directed to the Transportation Partnership Opportunity Fund; and the remainder will be directed to the Local Congestion Mitigation Incentive Fund.
Patrons: Rust, Albo, Athey, Bell, Callahan, Gear, Kilgore, Landes, Lohr, Marshall, D.W., Marshall, R.G., McQuigg, Nixon, Suit and Tata
HB 580 Highway system construction funds; allocation among districts.
A BILL to amend and reenact § 33.1-23.2 of the Code of Virginia, relating to allocation of construction funds for the primary highway system.
Summary as introduced: Primary system highway construction funds allocation. Allocates primary system highway construction funds among the nine highway construction districts on the basis of the ratio of vehicle miles traveled on primary highways divided by the lane miles of primary highways in each highway construction district, weighted 90%, and a need factor, weighted 10%.
Patrons: Watts, Amundson, Callahan, Moran, Plum, Rust, Scott, J.M. and Sickles; Senators: Cuccinelli, Howell, Ticer and Whipple
HB 659 Recordation tax; dedicated for transportation.
A BILL to amend the Code of Virginia by adding in Chapter 8 of Title 58.1 sections numbered 58.1-818 and 58.1-819, relating to distribution of state recordation tax for transportation.
Summary as introduced: Recordation tax; dedicated for transportation. Dedicates recordation tax revenues not already dedicated, to the Commonwealth Transportation Board for transportation projects in localities throughout the Commonwealth on a pro rata basis pursuant to the amount of the recordation tax collected in each locality.
Patrons: Wardrup and Albo
Left in Appropriations
HB 660 Insurance license tax; dedicated for transportation.
A BILL to amend the Code of Virginia by adding sections numbered 58.1-2511 and 58.1-2512; and to repeal the third and tenth enactments of Chapter 1019 of the Acts of Assembly of 2000 and the third and tenth enactments of Chapter 1044 of the Acts of Assembly of 2000, relating to the dedication of certain insurance license tax revenues for transportation projects throughout the Commonwealth.
Summary as introduced: Insurance license tax; dedication for transportation. Dedicates all insurance license tax revenues to be used for transportation projects throughout the Commonwealth.
Patrons: Wardrup, Albo and Welch
HB 661 Retail Sales and Use Tax; increases revenue to Transportation Trust Fund.
Patrons: Wardrup and Welch; Senator: Cuccinelli
HB 669 Transportation improvement projects; increases project cap.
A BILL to amend and reenact § 33.1-75.1 of the Code of Virginia, relating to special revenue sharing funds for systems in certain counties.
Summary as introduced: State/local "revenue-sharing" transportation improvement projects. Increases the project cap from $500,000 to $1 million and the amount of the Commonwealth's participation in the "revenue-sharing" programs from $10 million to $20 million annually. This bill has been incorporated into HB 681.
Patrons: Wardrup, Albo, Athey, Byron, Cosgrove, Crockett-Stark, Dudley, Fralin, Frederick, Iaquinto, Kilgore, Landes, Lingamfelter, Marshall, D.W., May, McQuigg, Nixon, O'Bannon, Purkey, Rapp, Reid, Rust, Scott, E.T., Sherwood, Suit, Tata, Welch, Wittman and Wright
Incorporated by House Appropriations into HB681-Scott, E.T. which was left in Senate Finance
An Act to amend and reenact §§ 33.1-1 and 33.1-2 of the Code of Virginia, relating to composition of the Commonwealth Transportation Board; election of certain members by the General Assembly.
Summary as introduced: Commonwealth Transportation Board. Provides for election of the non-at-large members of the Commonwealth Transportation Board by majority vote of the members elected to each house of the General Assembly.
Patrons: Wardrup, Albo, Cole, Cosgrove, Frederick, Landes, Marshall, D.W., Marshall, R.G., McQuigg, Nixon, O'Bannon, Purkey, Rust and Wittman
Vetoed by the Governor
HB 674 Vehicle license fees, etc., local; DMV to develop & implement standardized procedures & fees.
A BILL to amend and reenact § 46.2-752 of the Code of Virginia, relating to local vehicle taxes and license fees.
Summary as introduced: Local vehicle license fees, etc. Requires the DMV Commissioner to develop and implement standardized procedures and fees whereby the Commissioner, when so requested in writing by the treasurer or director of finance of any county, city, or town, will refuse to issue or renew any vehicle registration of persons who owe the locality any local vehicle license fees or delinquent tangible personal property tax or parking fines.
HB 675 Interstate Public-Private Transportation Partnership Compact; establishing with North & S.C.
A BILL to establish the Interstate Public-Private Transportation Partnership Compact.
Summary as introduced: Interstate Public-Private Transportation Partnership Compact. Establishes the Interstate Public-Private Transportation Partnership Compact with North and South Carolina. This bill was incorporated into HB 801 (Fralin).
Incorporated by House Rules into HB801-Fralin which passed
HB 681 Highway improvements; expands present revenue-sharing fund program.
A BILL to amend and reenact §§ 33.1-72.1 and 33.1-75.3 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 33.1-23.05, and to repeal § 33.1-75.1 of the Code of Virginia, relating to special funds for highway systems in certain counties, cities, and towns.
Summary as introduced: Special funds for highway improvements in localities. Expands the present revenue-sharing fund program for counties to include cities and towns as well. The annual match limit is raised to $4 million per locality, and the total limit on state funds is raised to $100 million. Since the program now applies to all localities (not just counties), the present section embodying the program is repealed, and the new program is relocated to the article of Chapter 1 of Title 33.1 dealing with overall allocations of highway improvement funds.
Patrons: Scott, E.T., Athey, Callahan, Gear, Landes, Lingamfelter, Marshall, D.W., McQuigg, O'Bannon, Rust, Suit, Wardrup and Wittman
HB 683 DMV; assessment of fees on certain drivers.
Summary as introduced: Assessment of fees by Department of Motor Vehicles (DMV) on certain drivers; use of fees collected. Requires the DMV Commissioner to impose and collect fees on drivers who have accumulated more than four net driver demerit points or have been convicted of reckless driving, aggressive driving, driving on a suspended or revoked license, DUI, or any other misdemeanor involving operation of a motor vehicle. Annually, the first $40 million of these fees, minus cost of collection, will be directed to the Transportation Partnership Opportunity Fund and the remainder will be directed to the Local Congestion Mitigation Incentive Fund.
HB 717 High-occupancy toll (HOT) lanes; prohibits conversion of certain HOV lanes.
A BILL to amend and reenact § 33.1-56.2 of the Code of Virginia, relating to designation of high-occupancy toll lanes.
Summary as introduced: HOT lanes. Prohibits conversion of HOV lanes designated as such prior to January 1, 2006, to HOT lanes.
Patron: McQuigg
Passed by indefinitely in House Transportation
HB 792 Subdivision streets; do not need to meet VDOT standards if they serve fewer than 3 familes per mile.
A BILL to amend and reenact § 33.1-72.1 of the Code of Virginia, relating to taking certain streets into secondary system of state highways.
Summary as introduced: Subdivision streets; taking of streets into state secondary highway system. Provides that subdivision streets do not need to meet VDOT standards if they serve fewer than three families per mile, and that VDOT cannot refuse to honor any request to take a subdivision street into the state secondary system because the street does not meet VDOT standards if the street serves fewer than three families per mile. This bill has been incorporated into HB 1543.
Patrons: Abbitt, Athey, Gear, Kilgore, Landes, Lingamfelter and Wright
Incorporated by House Transportation into HB1543-Fralin which passed
HB 810 Smart Road; funds involving construction, reconstruction, and improvement thereof.
A BILL to allocate or reimburse funds involving construction, reconstruction, and improvement costs of the "Smart Road."
Summary as introduced: Funds involving construction, reconstruction, and improvement of the "Smart Road." Provides that if allocations are not made in this year's budget bill to fund any future construction, reconstruction, or improvement of the "Smart Road" in the Salem Highway Construction District, the Commonwealth Transportation Commissioner shall reimburse the Salem Highway Construction District for any and all funds expended to date on the "Smart Road."
HB 1003 Retail sales and use tax; increase in certain localities.
A BILL to amend and reenact §§ 58.1-603, 58.1-604, 58.1-614, and 58.1-638 of the Code of Virginia, relating to additional sales and use tax in the localities financially supporting the Washington Metropolitan Area Transit Authority for the financial support of such Authority.
Summary as introduced: Sales and use tax; increase in certain localities. Imposes an additional 0.25% sales and use tax in Arlington County, Fairfax County, the City of Alexandria, the City of Fairfax, and the City of Falls Church if approved by ordinance by the governing bodies of those localities whose population comprise at least 90% of the population in all of such localities. The bill is effective the first day of the month following 60 days from the date of such approval. The revenue is to be used solely for each locality's financial obligations to the Washington Metropolitan Area Transit Authority.
Patron: Ebbin
HB 1070 Transportation district; localities may impose local tax to be exclusively used therefor.
A BILL to amend and reenact § 15.2-4518 of the Code of Virginia, relating to Transportation District Act of 1964; local taxation.
Summary as introduced: Transportation District Act of 1964; local taxation. Provides that the governing bodies comprising the transportation district may agree to impose a local tax to be used exclusively by the district in order to accomplish its purposes. Prior to becoming effective, the tax shall be approved by two successive governing bodies of each locality, with an intervening election occurring between the votes of the governing bodies. The tax need not be approved by voter referendum.
Patron: Hall
HB 1082 Retail sales and use tax; increase in certain localities.
Patrons: Scott, J.M., Amundson, Plum and Watts
HB 1085 Transportation Trust Fund; increases percentage of revenues flowing to Mass Transit Fund.
A BILL to amend and reenact §§ 33.1-23.03:2 and 58.1-2425 of the Code of Virginia, relating to allocations from the Transportation Trust Fund to the Commonwealth Mass Transit Fund.
Summary as introduced: Commonwealth Mass Transit Fund. Increases the percentage of Transportation Trust Fund revenues flowing to the Commonwealth Mass Transit Fund from 14.7 percent to 19 percent.
Patrons: Scott, J.M., Amundson, Callahan, Moran, Plum, Rust, Sickles and Watts; Senators: Howell and Ticer
HB 1104 Highway improvements; expands present revenue-sharing fund program.
Summary as introduced: Special funds for highway improvements in localities. Expands the present revenue-sharing fund program for counties to include cities and towns as well. The annual match limit is raised to $4 million per locality, and the total limit on state funds is raised to $100 million. Any local contributions may take the form of proffers. Since the program now applies to all localities (not just counties), the present section embodying the program is repealed, and the new program is relocated to the article of Chapter 1 of Title 33.1 dealing with overall allocations of highway improvement funds.
Patrons: Athey, Albo, Cosgrove, Frederick, Gear, Jones, S.C., Kilgore, Landes, Marshall, D.W., May, McQuigg, O'Bannon, Peace, Rust, Saxman, Sherwood and Wittman
HB 1127 Rail Enhancement Fund; certain percentage of expenditures committed to intermodal rail projects.
A BILL to amend and reenact § 33.1-221.1:1.1 of the Code of Virginia, relating to expenditures from the Rail Enhancement Fund.
Summary as introduced: Rail Enhancement Fund. Requires that 50% of expenditures from the Rail Enhancement Fund in any calendar year be for intermodal rail projects.
Patron: Cline
HB 1195 Transportation Plan; inadequacy of local or regional system.
A BILL to amend and reenact § 33.1-23.03 of the Code of Virginia, relating to Statewide Transportation Plan; adequacy of local or regional transportation system.
Summary as introduced: Statewide Transportation Plan; inadequacy of local or regional system. Requires the Commonwealth Transportation Board to establish and apply an impact fee in any locality or region where pursuant to a comprehensive review, it determines that transportation needs are not being adequately met. The bill requires the Board to collect a fee from the builder of each new residential or commercial unit constructed in the locality or region until it determines that the transportation needs in the locality or region are being adequately met and are likely to remain so for at least the next five years. The fee shall be based on standards and criteria established by the Board, including but not limited to (i) average levels of traffic congestion and vehicle miles traveled by residents in such locality or region, (ii) the pro-rata impact of each residential or commercial unit on the existing transportation network, and (iii) the pro-rata impact of each additional residential or commercial unit on the costs of improving, expanding or developing new transportation systems in order to adequately meet the needs of such new development. The Board shall allocate all fees collected under these provisions to a special account within the Transportation Trust Fund on behalf of the locality or localities subject to the fee requirement. The Board shall make disbursements from such account for the improvement, maintenance or expansion of the transportation system in such locality or region. Upon a determination by the Board that the local or regional transportation system is adequate and is likely to remain adequate for at least the next five years, the Board shall release to the locality or localities all funds that may remain in the Transportation Trust Fund on their behalf.
HB 1257 Transportation Investment Bond Act of 2006; created.
A BILL to amend and reenact §§ 33.1-268, 33.1-269, and 33.1-277 of the Code of Virginia; to amend the Code of Virginia by adding sections numbered 58.1-2511, 58.1-2512, and 58.1-2513; and to amend and reenact the tenth enactment of Chapter 1019 of the Acts of Assembly of 2000 and the tenth enactment of Chapter 1044 of the Acts of Assembly of 2000, relating to funding for transportation projects in Northern Virginia and Hampton Roads.
Summary as passed House: Transportation funding for Northern Virginia and Hampton Roads. Provides funding for transportation projects in Northern Virginia (i.e. the Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park, and the Counties of Arlington, Fairfax, Loudoun, and Prince William, and Hampton Roads (i.e. the Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg, and the Counties of Gloucester, Isle of Wight, James City, Southampton, and Surry) as follows: (i) dedicates a pro-rata portion of one-third of all insurance license tax revenues, based on population, to Northern Virginia and to Hampton Roads, and (ii) dedicates $20 million in FY 07 and $25 million annually thereafter in state recordation tax revenues to Northern Virginia, and dedicates $10 million in FY 07 and $15 million annually thereafter to Hampton Roads. The funds for each region are deposited into separate, newly created special funds, and are dedicated solely for transportation projects in each region. Bonds are authorized to be issued annually with a face value up to two-thirds of the amount estimated to be deposited into each fund for each respective fiscal year, with the proceeds to be used for transportation projects in each region. The transportation projects to be funded in Hampton Roads shall be determined by the Hampton Roads Metropolitan Planning Organization with the advice and consent of the members of the House Appropriations and Senate Finance Committee members residing in Planning District 23.
Patrons: Hugo, Albo, Athey, Callahan, Cole, Cosgrove, Cox, Frederick, Gear, Hurt, Iaquinto, Janis, Jones, S.C., Landes, Lingamfelter, Lohr, Marshall, D.W., Marshall, R.G., May, McQuigg, Parrish, Peace, Purkey, Rapp, Rust, Scott, E.T., Sherwood, Suit, Tata, Wardrup and Welch
HB 1306 Public-Private Transp. Act & Public-Private Education Facilities & Infrastructure Act; disclosure.
A BILL to amend the Code of Virginia by adding sections numbered 56-559.1 and 56-575.3:2, relating to the Public-Private Transportation Act and the Public-Private Education Facilities and Infrastructure Act; required disclosure by private entity.
Summary as introduced: Public-Private Transportation Act and the Public-Private Education Facilities and Infrastructure Act; required disclosure by private entity. Requires a private entity to include with its initial submittal the disclosure of (i) whether the private entity directly employs or intends to use the services of a legislator or a firm in which a legislator is a member and (ii) whether a legislator has a personal interest in the proposal or the private entity as defined in § 30-101. The bill also provides that if, after the initial submittal of the proposal, the private entity subsequently employs or uses the services of a legislator or a firm in which a legislator is a member, that the private entity must provide written disclosure to the responsible public entity within 30 days.
Patrons: Byron, Griffith and McQuigg
HB 1365 Transportation Accountability, Joint Commission on; created.
A BILL to amend the Code of Virginia by adding in Title 30 a chapter numbered 40, consisting of sections numbered 30-266 through 30-271, relating to the Joint Commission on Transportation Accountability.
Summary as introduced: Joint Commission on Transportation Accountability. Creates the Joint Commission on Transportation Accountability to carry out close legislative oversight of state agencies with transportation responsibilities.
Patrons: Wardrup, Albo, Athey, Byron, Cole, Cosgrove, Crockett-Stark, Dudley, Fralin, Frederick, Hugo, Hurt, Iaquinto, Kilgore, Landes, Lingamfelter, Marshall, D.W., Marshall, R.G., McQuigg, Nixon, O'Bannon, Purkey, Rapp, Rust, Saxman, Scott, E.T., Sherwood, Suit, Tata, Welch, Wittman and Wright
Passed by indefinitely in Senate Rules
HB 1397 Rural Public Transportation program; provision of state matching funds.
A BILL to amend and reenact § 33.1-391.5 of the Code of Virginia, relating to duties of the Department of Rail and Public Transportation; state matching funds for federal FTA Section 5311 Rural Public Transportation program.
Summary as introduced: Department of Rail and Public Transportation. Requires the Department of Rail and Public Transportation to provide sufficient state matching funds for the federal FTA Section 5311 Rural Public Transportation program to guarantee that the local match required by the program does not exceed 25%.
Patrons: Wittman and Crockett-Stark
Stricken from docket by House Appropriations
HB 1426 Public-Private Transportation Act of 1995 (PPTA); provides for granting of concessions and taxation.
A BILL to amend and reenact §§ 33.1-23.03:1, 56-557, 56-558, 56-560, 56-563, 56-564, 56-566, 56-567.1, 56-573.1, 58.1-811, 58.1-3203, and 58.1-3703 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 33.1-23.03:9 and 58.1-3606.1, relating to concession agreements pursuant to the Public-Private Transportation Act of 1995 and the taxation thereof; allocation of concession payments.
Summary as introduced: Public-Private Transportation Act of 1995 (PPTA). Provides for the granting of concessions under the PPTA and the taxation thereof.
Patrons: Wardrup, Callahan, Cosgrove, Crockett-Stark, Fralin, Howell, W.J., Hugo, Iaquinto, Jones, S.C., Landes, May, Moran, Nixon, O'Bannon, Oder, Purkey, Reid, Rust, Saxman, Scott, E.T., Valentine, Ward, Welch and Wittman; Senators: Hawkins, Houck, Howell, Norment, Saslaw, Stolle, Stosch, Watkins and Williams
HB 1436 Transportation Trust Fund; dedication of certain recordation tax revenue.
Incorporated by Appropriations (HB1257-Hugo) which was left in Senate Finance
HB 1466 Bus rapid transit operators; use of HOT lanes in Washington-Fredericksburg Corridor.
A BILL to amend the Code of Virginia by adding a section numbered 33.1-56.3:1, relating to development and implementation of plan for use of HOT lanes by bus rapid transit operators in the Washington-Fredericksburg Corridor.
Summary as introduced: Plan for use of HOT lanes by bus rapid transit operators in the Washington-Fredericksburg Corridor. Requires the Virginia Department of Rail and Public Transit, in cooperation with the Virginia Department of Transportation and in consultation with local providers of bus rapid transit services in the Washington-Fredericksburg Corridor, to develop and implement a plan that allows bus rapid transit service providers to take maximum advantage of HOT lanes.
Patron: Eisenberg
HB 1475 Commonwealth Transportation Board; bonds for Route 58 Corridor.
A BILL to amend and reenact § 2 of the first enactment of Chapter 8 of the Acts of Assembly of the Second Special Session of 1989, as amended by the second enactment of Chapter 538 of the Acts of Assembly of 1999, relating to authorizing the Commonwealth Transportation Board to issue bonds not to exceed the amount of $299,000,000 to fund certain transportation projects in the Route 58 Corridor.
Summary as introduced: Commonwealth Transportation Board; bonds for Route 58 Corridor. Authorizes the Commonwealth Transportation Board to issue bonds in an additional amount not to exceed $299 million to fund certain specified transportation projects in the Route 58 Corridor.
Patrons: Carrico, Armstrong, Johnson, Kilgore and Phillips
HB 1555 Transportation; provides for new funding in Northern Virginia.
A BILL to amend and reenact §§ 2.2-1509.2, 30-133, 46.2-686, 46.2-694.1, 46.2-697, 58.1-638, 58.1-814, 58.1-815.1, 58.1-2402, and 58.1-2425 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 46.2-206.1, by adding in Title 58.1 a chapter numbered 6.2, consisting of sections numbered 58.1-645 and 58.1-646, by adding a section numbered 58.1-803.1, and by adding in Article 6 of Chapter 38 of Title 58.1 a section numbered 58.1-3827, relating to the funding for transportation in Northern Virginia.
Summary as introduced: Transportation funding; Northern Virginia. Provides new funding for transportation in the Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park and the Counties of Arlington, Fairfax, Loudoun, and Prince William. The sources of the new funds are: (i) civil penalties for certain offenses relating to the operation of a motor vehicle by persons residing in any of the localities; (ii) additional motor vehicle registration fees for trailers, semitrailers, and trucks with a gross weight over 12,000 pounds registered in any of the localities; (iii) an additional fee on the rental of motor vehicles in the localities; (iv) a transportation impact fee on the sale of real property in any of the localities; (v) dedication of current sales and use tax on motor vehicle repair parts and accessories sold in any of the localities; and (vi) a transient occupancy tax on rooms in the localities.
The authority to impose any of the new or additional fees ceases if any transportation funds of the Commonwealth are not spent for transportation purposes.
The priority of the projects to be funded shall be determined by the Northern Virginia Transportation Authority in consultation with the local governing bodies of the localities, and in consultation with the members of the House of Delegates and the Senate who represent any of the localities. At least 40% of the revenues shall be dedicated to use on residential, urban, and secondary road construction and improvement.
Patrons: Rust, Albo, Plum and Poisson; Senator: Devolites Davis
HB 1611 Motor Vehicle Sales and Use Tax; increases tax.
A BILL to amend and reenact § 58.1-2402 of the Code of Virginia, relating to increasing the motor vehicle sales and use tax.
Summary as introduced: Motor vehicle sales and use tax; increase. Increases the motor vehicle sales and use tax from 3% to 5% and dedicates the revenue generated for transportation purposes. The authority to impose the additional tax ceases on December 31 of any year in which any of the additional revenue is not used for transportation purposes.
Passed by indefinitely in House Finance
HB 1612 DMV; assessment of fees on certain drivers, use of fees collected.
Summary as introduced: Assessment of fees by DMV on certain drivers; use of fees collected. Requires the courts to impose, in addition to any other penalties imposed, an initial additional fee for each conviction as show on the driving record of certain motor vehicle law offenders. These fees, minus cost of collection, will be deposited into the Highway Maintenance and Operating Fund for highway maintenance purposes.
Patrons: Rust and Albo
HB 1613 Motor vehicle insurance license tax; revenue dedicated to mass transit.
A BILL to amend and reenact §§ 33.1-23.03:1, 33.1-23.03:8, and 58.1-2501 of the Code of Virginia, and to repeal the tenth enactment of Chapter 1019 of the Acts of Assembly of 2000 and the tenth enactment of Chapter 1044 of the Acts of Assembly of 2000, relating to disposition of a portion of insurance license tax revenue.
Summary as introduced: Insurance license tax revenue; dedication to mass transit. Dedicates an amount equal to the difference between one-third of the estimated revenue to be collected for all insurance license tax for each fiscal year and the estimated revenue from the motor vehicle insurance license tax; and increases the motor vehicle insurance license tax from two and one-fourth percent to four and one-half percent.
HB 1614 Vehicle registration fees; additional fee for transportation purposes.
A BILL to amend and reenact §§ 46.2-694 and 58.1-2425 of the Code of Virginia, relating to fees for registration of certain motor vehicles; dedication of proceeds.
Summary as introduced: Vehicle registration fees. Increases vehicle registration fees and dedicates the proceeds to transportation purposes.
HJ 98 Constitutional amendment (first resolution); transportation funding.
Summary as introduced: Constitutional amendment (first resolution); transportation funding. Provides that moneys in the Commonwealth Transportation Fund, Transportation Trust Fund, and Highway Maintenance and Operating Fund shall be used for (i) administering, planning, constructing, improving, or maintaining the roads embraced in the systems of highways for the Commonwealth and its localities or furthering the interests of the Commonwealth in the areas of highways, public transportation, railways, seaports, or airports; (ii) making payments on bonds or other obligations that have been issued or entered into to finance transportation projects; or (iii) making loans to finance transportation projects. The amendment provides for the crediting of various sources of revenue to the transportation funds. It allows for borrowing from transportation funds for other purposes by a four-fifths vote of each house of the General Assembly.
Tabled in House Privileges and Elections
HJ 127 Mass transit; joint subcommittee to study.
Establishing a joint subcommittee to study mass transit in the Commonwealth. Report.
Summary as introduced: Study; mass transit in the Commonwealth; report. Establishes a 10-member joint subcommittee to conduct a two-year study of mass transit in the Commonwealth.
Left in House Rules
HJ 143 Interstate Route 81;construction of improvements halted.
Requesting the Virginia Department of Transportation forthwith to halt all negotiations with STAR Solutions under the Public-Private Transportation Act for the construction of improvements to Interstate Route 81 in Virginia.
Summary as introduced: Interstate Route 81 improvements. Requests the Virginia Department of Transportation forthwith to halt all negotiations with STAR Solutions under the Public-Private Transportation Act for the construction of improvements to Interstate Route 81 in Virginia and make certain improvements to the Interstate Route 81 Corridor.
Patrons: Gilbert, Athey, Crockett-Stark, Kilgore, Landes, Lohr, Saxman and Sherwood
Tabled in House Rules
SB 3 Transportation Commissioner; election by Transportation Board.
A BILL to amend and reenact § 33.1-3 of the Code of Virginia, relating to the office of Commonwealth Transportation Commissioner; election by the Commonwealth Transportation Board; appointment of acting Commissioner by Governor in case of vacancy.
Summary as introduced: Commonwealth Transportation Commissioner. Provides for election of the Commonwealth Transportation Commissioner by the Commonwealth Transportation Board with the consent of the Governor for a term of four years. In the event of a vacancy, an Acting Commissioner would be appointed by the Governor until the vacancy is filled by the Commonwealth Transportation Board. The salary of the Commonwealth Transportation Commissioner would be fixed by the Commonwealth Transportation Board. This bill has been referred for study under SJR 60.
Incorporated by Senate Transportation into SJ60-Williams which passed
SB 64 Retail Sales and Use Tax; sales tax increase on motor fuels in NOVA Transportation District.
A BILL to amend and reenact §§ 58.1-1720 and 58.1-1721 of the Code of Virginia, relating to the sales tax on fuels in certain transportation districts.
Summary as introduced: Sales tax on motor fuels. Increases from 2% to 4% the sales tax on fuels in every county or city situated in the Northern Virginia Transportation District. In the first full fiscal year of the tax increase such counties and cities would be required to reduce their real estate tax rates in order to reduce real estate tax revenues in the following fiscal year by the amount of incremental revenues generated by the sales tax increase. The reduction in real estate tax rates would be required only in the first fiscal year of the sales tax increase.
SB 124 Highway construction funds; revises formulas used so such funds are alocated based on population.
Passed by indefinitely in Senate Transportation
SB 126 Highways; increases cost of maintenance & construction projects carried out by state employees.
A BILL to amend and reenact § 33.1-190 of the Code of Virginia, relating to highway maintenance and construction by state employees.
Summary as introduced: Highway maintenance and construction by state employees. Increases the limit on the value of highway maintenance and construction projects that may be carried out by state employees from $300,000 to $1 million. This bill has been incorporated into SB 196.
Incorporated by Senate Transportation into SB196-Williams which has been signed by the Governor
SB 192 Hampton Roads Bridge and Tunnel Authority; created.
A BILL to amend and reenact § 6, as amended, of Chapter 693 of the Acts of Assembly of 1954; to amend the Code of Virginia by adding in Title 33.1 a chapter numbered 10.2, consisting of sections numbered 33.1-391.6 through 33.1-391.13; and to repeal § 12 of Chapter 693 of the Acts of Assembly of 1954, relating to the Chesapeake Bay Bridge and Tunnel Commission, the Chesapeake Bay Bridge Tunnel, and the Hampton Roads Bridge and Tunnel Authority.
Summary as passed Senate: Hampton Roads Bridge and Tunnel. Establishes the Hampton Roads Bridge and Tunnel Authority and transfers from VDOT to the Authority control of and responsibility for seven facilities in Hampton Roads. The bill allows the Authority to impose and collect tolls for the use of these facilities and provides for the eventual transfer to the Authority control of and responsibility for the Chesapeake Bay Bridge-Tunnel as well.
Stricken from Senate calendar
SB 215 TransDominion Express Authority Act; created.
A BILL to amend the Code of Virginia by adding in Title 33.1 a chapter numbered 10.2, consisting of sections numbered 33.1-391.6 through 33.1-391.9; and to repeal Chapter 1041 of the Acts of Assembly of 2003, relating to the TransDominion Express Authority.
Summary as passed Senate: Rail Transportation Development Authority. Establishes the TransDominion Express Authority. The Authority shall have the responsibility within the TransDominion Express corridor of identifying needed construction, reconstruction, improvements, or repairs to railroads and their facilities and equipment. The Authority is given the power to finance or assist in financing any rail transportation project. The bill also repeals Chapter 1041 of the 2003 Acts of Assembly, which provided for the creation of a Rail Transportation Development Authority. That act never became effective because it included a "reenactment clause," and the act was not reenacted by the 2004 Session.
Patron: Edwards
SB 233 Pedestrians; motorists to stop for those at crosswalks.
A BILL to amend and reenact §§ 46.2-923 and 46.2-924 of the Code of Virginia, relating to pedestrians crossing highways; penalty.
Summary as introduced: Stopping for pedestrians; penalty. Requires the driver of any vehicle traveling at a maximum speed of 35 mph to stop for pedestrians crossing the highway or street at any clearly marked crosswalk.
Patrons: Ticer and Cuccinelli; Delegates: Moran, Scott, J.M. and Sickles
SB 267 Retail sales and use tax; increase in certain localities.
Summary as passed Senate: Sales and use tax; increase in certain localities. Imposes an additional 0.25% sales and use tax in Arlington County, Fairfax County, the City of Alexandria, the City of Fairfax, and the City of Falls Church if approved by ordinance by the governing bodies of those localities whose population comprise at least 90% of the population in all of such localities. The bill is effective the first day of the month following 60 days from the date of such approval. The revenue is to be used solely for each locality's financial obligations to the Washington Metropolitan Area Transit Authority. This bill is contingent on matching federal funds being appropriated and distributed to the Washington Metropolitan Area Transit Authority.
Tabled in House Finance
Summary as passed Senate: Commonwealth Transportation Board. Provides for election of the non-at-large members of the Commonwealth Transportation Board by majority vote of the members elected to each house of the General Assembly.
SB 307 Urban Highway Congestion Mitigation Fund; created.
A BILL to amend the Code of Virginia by adding a section numbered 33.1-23.1:01, relating to the Urban Highway Congestion Mitigation Fund.
Summary as introduced: Urban Highway Congestion Mitigation Fund. Establishes the Urban Highway Congestion Mitigation Fund, consisting of an annual allocation by the Commonwealth Transportation Board of $250 million from funds available for highway construction projects. The Fund would be used to make allocations and grants to cities and urban counties for the construction of highway projects that would result in substantial mitigation of local and regional highway congestion. This bill has been referred for study under SJR 60.
SB 329 Transportation construction and maintenance; revises allocation system.
A BILL to amend and reenact §§ 33.1-1, 33.1-2, 33.1-12, 33.1-12.1, 33.1-23.1, 33.1-23.2, 33.1-23.4, 33.1-23.5:1, 33.1-25, 33.1-31, 33.1-32, 33.1-34, 33.1-35, 33.1-39, 33.1-41.1, 33.1-42, 33.1-44, 33.1-46, 33.1-46.1, 33.1-46.2, as it is currently effective and as it may become effective, 33.1-46.4, 33.1-47, 33.1-47.1, 33.1-55, 33.1-56, 33.1-61, 33.1-67 through 33.1-69.2, 33.1-70.01, 33.1-70.1, 33.1-72.1, 33.1-75.1, 33.1-75.2, 33.1-75.3, 33.1-79, 33.1-84 through 33.1-88, 33.1-268, 33.1-269, 33.1-277, 33.1-285.1, 33.1-416, 33.1-436, 46.2-815, 46.2-1149.2, 58.1-815.1, and 58.1-2259 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1.1 of Chapter 1 of Title 33.1 a section numbered 33.1-23.001 and by adding sections numbered 33.1-23.03:3.1, 33.1-23.05, 33.1-23.3:1, and to repeal §§ 33.1-23.1:1, 33.1-23.1:2, 33.1-23.3, 33.1-23.5, 33.1-30, 33.1-49 through 33.1-54, and 33.1-70.2 of the Code of Virginia, relating to membership and powers of the Commonwealth Transportation Board; division of the Commonwealth into regions for certain transportation purposes; the Northern Virginia Transportation District Program; the State Revenue Bond Act; and refunds of motor fuel taxes.
Summary as introduced: Transportation construction and maintenance. Revises Virginia's transportation construction and maintenance allocation system in accordance with recommendations made by the Joint Legislative Audit and Review Commission to the 2002 Session of the General Assembly. This bill has been referred for study under SJR 60.
SB 397 Interstate Route 81;construction of improvements halted.
A BILL to require the Virginia Department of Transportation to suspend negotiations with certain private entities under the Public-Private Transportation Act of 1995; emergency.
Summary as introduced: Interstate Route 81 improvements. Directs the Virginia Department of Transportation to immediately halt all negotiations with STAR Solutions under the Public-Private Transportation Act for the construction of improvements to Interstate Route 81 in Virginia. This bill contains an emergency clause.
Patrons: Hanger, Deeds and Reynolds; Delegates: Johnson and Lohr
Stricken at request of Patron in Senate Transportation
SB 423 Highway construction districts; list of localities within, & membership of Transportation Board.
A BILL to amend and reenact §§ 33.1-1 and 33.1-2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 33.1-23.05, relating to composition of the Commonwealth Transportation Board and the number of and territory embraced by highway construction districts.
Summary as introduced: Highway construction districts. Replaces VDOT's current nine highway construction districts with seven and specifies the territory embraced within each district. The size of the Commonwealth Transportation Board is also reduced by two to accommodate the reduction in the number of Board members appointed on a district-residence basis. This bill has been referred for study under SJR 60.
SB 437 Transportation Board; election of certain members by legislative appointing authorities.
A BILL to amend and reenact §§ 33.1-1 and 33.1-2 of the Code of Virginia, relating to composition of the Commonwealth Transportation Board; election of certain members by the General Assembly.
Summary as introduced: Commonwealth Transportation Board; election of certain members by legislative appointing authorities. Provides for the appointment of the five at-large citizen members of the Commonwealth Transportation Board by the Speaker of the House of Delegates, who shall appoint three of the five members, and the Senate Committee on Rules, which shall appoint the other two members. The Governor shall continue to appoint the remaining citizen members who must be residents of the nine construction districts. The bill will take effect only upon approval of the voters of a consitutional amendment to provide a six-year term for the Governor. This bill is a recommendation of the Joint Subcommittee to Study the Balance of Powers Between the Legislative and Executive Branches pursuant to HJR 707 (2005). This bill has been incorporated into SB 304.
Patrons: Devolites Davis; Delegates: Griffith, Joannou and Landes
Incorporated by Senate Transportation into SB304-Williams which was vetoed by the Governor
SB 476 Road indebtedness, local; state to match funds generated by transportation referendum.
A BILL to amend the Code of Virginia by adding in Chapter 4 of Title 33.1 an article numbered 4, consisting of a section numbered 33.1-335.1, relating to local road indebtedness; matching funds.
Summary as introduced: Local road indebtedness; state funds. Requires the Commonwealth to match dollars generated by a local transportation referendum. However, such state funds may not be used by the locality for debt service, nor shall the funds be deemed to constitute the full faith and credit of the Commonwealth.
Patron: Colgan
SB 555 Transportation Safety Fund; created.
A BILL to amend the Code of Virginia by adding a section numbered 33.1-221.1:9, relating to the Commonwealth Transportation Safety Fund; court-ordered payments for certain offenses related to the operation of motor vehicles.
Summary as introduced: Commonwealth Transportation Safety Fund; court-ordered payments for certain offenses related to the operation of motor vehicles. Establishes the Commonwealth Transportation Safety Fund, to be used to fund capital projects and operations necessary to improve the safety of the Commonwealth's roads, and to provide for increased law-enforcement on Virginia's interstates and roads through the Highway Safety Corridor Program. Upon conviction of certain dangerous driving offenses and traffic infractions for which the Department of Motor Vehicles assigns 6 demerit points, a court shall order the offender to make a payment into the Fund. The court shall collect the payments on behalf of the Commonwealth, and remit the payments to the Fund.
Incorporated by Senate Finance into SB393-Stolle which was left in House Appropriations
SB 630 Sales and use tax revenue dedicated to the Transportation Trust Fund.
Patrons: Cuccinelli, Obenshain and O'Brien
SB 645 Airport fees and charges; limits authority to impose off-site fees.
A BILL to amend and reenact § 5.1-44 of the Code of Virginia, relating to airport fees and charges.
SB 671 Rail and Public Transportation, Department of; to provide state matching funds for federal program.
SB 686 Transportation Future Fund; created.
A BILL to amend and reenact §§ 58.1-603, 58.1-604, 58.1-604.1, and 58.1-614 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 33.1-23.1:01 and by adding in Article 15 of Chapter 1 of Title 33.1 sections numbered 33.1-223.2:16 and 33.1-223.2:17, relating to the Transportation Future Fund, imposition and collection of tolls for use of certain highways; sales and use tax increase; disposition of revenues.
Summary as introduced: Transportation Future Fund. Establishes the Transportation Future Fund (the Fund) to support the design and construction of surface transportation infrastructure of long-term statewide significance. Fund investments include: design and construction of the Third Crossing of Hampton Roads; construction of the Southeastern Parkway and improvements to U.S. Route 460 and Interstate Route 64 in Hampton Roads; expansion of Metrorail service to Tyson's Corner; completion of environmental impact studies associated with the Eastern and Western Bypasses in the Virginia suburbs of Washington, D.C.; completion of location studies and reservation of rights-of-way in connection with a Potomac River bridge between the American Legion Bridge (Interstate Route 495) and the U.S. Route 15 bridge; establishment of high-occupancy toll lanes on Interstate Routes 95, 395, and 495 in the Virginia suburbs of Washington, D.C., in the Fredericksburg-Washington corridor; expansion of Interstate Route 66 both within and outside the Capital Beltway; and completion of environmental impact studies associated with improvements to rail service, additional truck lanes, and improvements to choke points and dangerous locations in the Interstate Route 81 corridor. The Fund is to be financed through a 1cent increase in the sales and use tax and through establishment of toll roads.
Patron: Potts
Incorporated by Senate Finance into SB708-Hawkins which was left in House Finance
SB 701 Transportation; provides for new funding therefore in Northern Virginia.
Patrons: Devolites Davis and O'Brien; Delegates: Albo and Rust
SB 708 Transportation needs; provides several mechanisms for funding, report.
A BILL to amend and reenact §§ 2.2-1509.2, 33.1-12, 33.1-23.03:1, 33.1-23.03:2, 33.1-23.03:8, 33.1-221.1:1.1, 33.1-221.1:1.2, 46.2-694, 46.2-694.1, 46.2-697, 46.2-698, 46.2-700, 46.2-730, 46.2-752, 46.2-753, 46.2-1135, 58.1-802, 58.1-811, 58.1-2217, 58.1-2249, 58.1-2289, 58.1-2402, 58.1-2425, 58.1-2701, and 58.1-2706 of the Code of Virginia; to amend the Code of Virginia by adding sections numbered 46.2-206.1, 46.2-702.1, 58.1-802.1, and 58.1-2259.1, by adding in Chapter 22 of Title 58.1 an article numbered 8.1, consisting of a section numbered 58.1-2288.1, and by adding in Article 2 of Chapter 25 of Title 58.1 a section numbered 58.1-2531; and to repeal the tenth enactment clauses of Chapter 1019 and Chapter 1044 of the Acts of Assembly of 2000; relating to the funding of transportation in the Commonwealth through new and existing sources of revenues.
Summary as passed Senate: Funding of transportation in the Commonwealth. Provides several mechanisms for funding transportation in the Commonwealth.
The bill would provide that all moneys credited to specified transportation-related funds shall be solely used for the purposes set forth therein relating to the funding and maintenance of highways (including access roads and bikeways adjacent thereto), public transportation, congestion mitigation, railways, seaports, and airports; making payments on bonds and obligations related to funding transportation projects; or making loans to finance transportation projects.
The bill would raise new revenues for transportation by (i) imposing an additional $200 fee upon certain convictions relating to violations of Virginia's driving laws; (ii) imposing annually additional fees on any driver with a driver's record having a balance of 8 or more demerit points; (iii) increasing motor vehicle registration fees by $10 for all vehicles and doubling the gross weight registration fee for vehicles weighing more than 10,000 pounds; (iv) increasing current liquidated damages for violations of any weight limit imposed under law or for violations of any weight limit included in a permit that has been issued; (v) imposing additional liquidated damages of $20 for every violation of any weight limit imposed under law or any weight limit included in a permit that has been issued; (vi) increasing the state grantor's tax to 30 cents for each $100 of value with the revenues from the increase in the tax distributed to the respective locality and required to be used for local or regional transportation projects; (vii) authorizing local governments to impose a local grantor's tax at the rate of 10 cents for each $100 of value with the revenues to be used for local or regional transportation projects; (viii) increasing the motor fuels tax on diesel fuel to 17.5 cents per gallon (the current rate of the motor fuels tax on gasoline and gasohol); (ix) imposing a 5% tax on motor fuels that would be based on the statewide average retail price of a gallon of self-serve unleaded regular gasoline over rolling six-month periods and that would be imposed at a cents per gallon rate; and (x) increasing the motor vehicle sales and use tax from 3% to 3.75%, phased-in over fiscal years 2007, 2008, and 2009. The bill would also dedicate for transportation purposes all insurance license tax revenues relating to automobile insurance policies.
The bill would allow individuals to apply for a refund of any motor fuels tax paid in excess of 17.5 cents per gallon. Individuals would apply for a refund when the cumulative amount of the refund would exceed $5.
Patrons: Hawkins, Chichester, Colgan, Edwards, Houck, Howell, Lambert, Locke, Lucas, Potts, Quayle, Rerras, Reynolds, Saslaw, Ticer, Wagner, Whipple and Williams
SB 722 DMV; assessment of fees on certain drivers, use of fees collected.
A BILL to amend the Code of Virginia by adding a section numbered 46.2-206.1, relating to certain additional fees imposed on certain drivers; and funding of asset management in the Highway Maintenance and Operating Fund.
SB 723 Vehicle registration fees; additional fee for transportation purposes.
SB 725 Motor vehicle insurance license tax; revenue dedicated to mass transit.
SB 726 Motor Vehicle Sales and Use Tax; increases tax.
Patron: Hawkins
SJ 86 Dulles Toll Road; joint sub. to study desirability of selling or leasing to private operator.
Establishing a joint subcommittee to study the desirability and feasibility of selling or leasing the Dulles Toll Road (Omer L. Hirst-Adelard L. Brault Expressway) to a private operator. Report.
Summary as introduced: Study; sale or lease of Dulles Toll Road (Omer L. Hirst-Adelard L. Brault Expressway); report. Establishes a 10-member joint subcommittee to study the desirability and feasibility of selling or leasing the Dulles Toll Road (Omer L. Hirst-Adelard L. Brault Expressway) to a private operator.
Stricken at request of Patron in Senate Rules
SJ 88 Transportation and land use planning; joint subcommittee to study integration thereof.
Establishing a joint subcommittee to study the integration of transportation planning and land use planning. Report.
Summary as passed Senate: Study; establishing a joint subcommittee to study the Integration of Transportation Planning and Land Use Planning; report. Establishes a joint subcommittee to study the integration of transportation and land use planning. Specifically, the Commission will consider the following issues: (i) tools the state and local governments will need to assure that the transportation infrastructure is adequate to serve increasing demand caused by a growing population; (ii) institutional arrangements that should be recommended to improve state/local coordination; (iii) incentives to encourage regional and multi-modal approaches that will be necessary to address Virginia%92s growing transportation problems; and (iv) ways to encourage alternative development patterns that will improve mobility through other means than motor vehicles and reduce the demands on, and the cost of maintaining, Virginia%92s transportation infrastructure.
Stricken from docket by House Rules
SJ 165 Interstate Route 81; Department of Transportation to address urgently needed improvements thereof.
Requesting the Virginia Department of Transportation to address urgently needed improvements to the Interstate Route 81 corridor in Virginia. Report.
Summary as passed Senate: Interstate Route 81 improvements. Requests the Virginia Department of Transportation to address urgently needed improvements to the Interstate Route 81 Corridor. In so doing, the Department of Transportation shall expeditiously take the following actions: (i) subject to federal law and regulation, plan for and construct additional capacity as needed to accommodate increasing traffic and address safety concerns; (ii) direct federal highway construction aid that may be available or may become available for Interstate Route 81 in Virginia under the recently passed SAFETEA-LU and other federal legislation, to critical safety and capacity improvements including, where appropriate, additional lanes to assist trucks in climbing steep grades; and (iii) plan and develop, with the cooperation of the Virginia Department of Rail and Public Transportation and private rail companies, an east-west rail project that will have the effect of reducing the number of trucks traveling the Interstate Route 81 Corridor.
Patrons: Hanger, Bell, Deeds, Edwards, Herring, Obenshain, Potts, Puckett and Reynolds; Delegates: Landes, Lohr, Nutter, Saxman and Shuler
An Act to amend and reenact § 15.2-2114 of the Code of Virginia, relating to payment or cost recovery for facility enlargement, improvement and maintenance of certain dams.
Summary as passed House: Stormwater regulation. Provides that income derived from stormwater control program service charges shall be dedicated special revenue and may be used only to pay or recover costs for specified purposes, including the improvement or maintenance of dams, whether publicly or privately owned, that serve to control stormwater. This bill incorporates HB 268.
An Act to amend and reenact § 62.1-44.38:1 of the Code of Virginia, relating to regional water plans.
Summary as introduced: Regional water supply plans. Allows a town to enter into a regional water supply plan with an adjacent county.
An Act to amend and reenact §§ 10.1-603.16 through 10.1-603.20, 10.1-603.23, 10.1-606.1, 38.2-401.1, 58.1-2508, and 62.1-203 of the Code of Virginia, to amend the Code of Virginia by adding sections numbered 10.1-603.18:1, 10.1-603.18:2, 10.1-603.22:1 through 10.1-603.22:4, and to repeal §§ 10.1-603.21 and 10.1-603.22 of the Code of Virginia, relating to the Dam Safety, Flood Prevention and Protection Assistance Fund.
Summary as passed House: Dam and flood assistance fund. Reconstitutes the current Flood Prevention and Protection Assistance Fund into the new Dam Safety, Flood Prevention and Protection Assistance Fund. The new fund will be used to make loans and grants to local governments and loans to private entities to finance the cost of implementing projects to prevent, reduce, or mitigate damages caused by flooding, to upgrade dams or impounding structures, and to fund flood prevention studies. The Virginia Resources Authority would administer and manage the fund, determining the interest rate and terms and conditions of any loan from the Fund in accordance with a memorandum of understanding with the Director of the Department of Conservation and Recreation. The language establishing the Fund is modeled after language creating the Virginia Resources Authority, the Virginia Water Facilities Revolving Fund, and the Virginia Water Supply Revolving Fund. This bill is identical to SB 624.
Patrons: Sherwood, Athey, Byron, Callahan, Cline, Cosgrove, Dudley, Englin, Fralin, Gear, Gilbert, Hurt, Kilgore, Landes, Lingamfelter, Nixon, O'Bannon, Saxman, Scott, E.T., Suit, Welch, Wittman and Wright
An Act to amend and reenact §§ 10.1-560, 10.1-561, 10.1-603.2, and 10.1-603.4 of the Code of Virginia, relating to new definitions in the Erosion and Sediment Control Act and the Stormwater Management Act.
Summary as introduced: Erosion control and stormwater definitions. Provides definitions of terms in the Erosion and Sediment Control and Stormwater Management Acts that clarify what are acceptable flow rates from storm runoff at sites where land development projects are occurring.
Patrons: Rust, Plum and Shannon
An Act to amend and reenact § 58.1-339.3 of the Code of Virginia, relating to agricultural best management practices tax credit.
Summary as passed House: Income tax; agricultural best management practices tax credit. Adds taxpayers who have equines that create needs for agricultural best management practices to those who are engaged in agricultural production for market who may qualify for the agricultural best management practices tax credit, for taxable years beginning on or after January 1, 2007.
Patrons: Bulova and Wittman
An Act to amend the Code of Virginia by adding in Title 62.1 a chapter numbered 3.7, consisting of sections numbered 62.1-44.117 and 62.1-44.118, relating to the Chesapeake Bay and Virginia Waters Clean-up and Oversight Act.
Summary as passed House: Chesapeake Bay and Virginia Waters Clean-up and Oversight Act. Requires the Secretary of Natural Resources to develop a clean-up plan for the Chesapeake Bay and Virginia waters that have been designated as impaired. The plan will include measurable objectives, a description of the strategies to meet the plan's objectives, time frames for accomplishing the objectives, and a plan for disbursing funds for point and nonpoint pollution projects. The plan will also include an analysis of alternative funding mechanisms. The Secretary is to submit the plan by January 1, 2007, and is to submit a progress report on the clean-up semiannually.
Patrons: Lingamfelter, Albo, Athey, Cosgrove, Frederick, Gilbert, Hugo, Jones, S.C., Landes, Morgan, O'Bannon, Peace, Rust and Suit
An Act to amend and reenact § 62.1-44.15:5 of the Code of Virginia, relating to riparian rights for agriculture and livestock.
Summary as passed: Riparian rights for agriculture and livestock. Prohibits the requirement of a Virginia Water Protection Permit for any water withdrawal from a privately owned agriculture pond, emergency water storage facility, or other water retention facility that is located outside the path of regularly flowing surface waters. Riparian landowners are authorized to withdraw reasonable amounts of water for use on those lands for an agricultural operation, provided such withdrawals do not adversely impact other off-stream beneficial uses, fish and wildlife habitat, waste assimilation, or commercial navigation. Conditions and requirements of permits or certificates issued pursuant to this section for water withdrawal by such agricultural operations shall only include annual reporting and minimal requirements necessary to maintain in stream flow for the protection of the beneficial uses as stated in this subsection.
Patrons: Landes, Byron, Lohr and Saxman
Governor's Amendments to Protect minimum in-stream flow rejected by House; Governor may Sign or Veto bill as Passed.
An Act to amend and reenact § 62.1-44.19:7 of the Code of Virginia, relating to total maximum daily loads for impaired waters.
Summary as passed House: Impaired waters. Allows an aggrieved party to conduct a use attainability analysis in order to demonstrate that the attainment of the designated use for an impaired water body is not feasible. This analysis would be submitted to, and reviewed by, the State Water Control Board. The Board would then determine whether the development or implementation of the total maximum daily load should be delayed.
An Act to amend and reenact § 10.1-1454.1 of the Code of Virginia, relating to the requirements for containers carrying nonhazardous solid waste on Virginia waters.
Summary as passed: Solid waste containers. Establishes specifications for the structural integrity of containers carrying nonhazardous solid waste on vessels operating in Virginia waters. The bill contains a specific water tightness test that these containers will have to meet.
Patrons: Watkins and Whipple
An Act to require local certification for waste discharge permits into local watershed protection districts.
Summary as passed: Local consent to State Water Control Board permits. Requires an application for a new or modified individual Virginia Pollutant Discharge Elimination System permit or new or modified coverage under a general Virginia Pollutant Discharge Elimination System permit, authorizing direct or indirect discharge of stormwater runoff from a new municipal solid waste landfill into a local watershed protection district established and designated as such by city ordinance prior to January 1, 2006, to contain a certification from the local governing body of the city in which the discharge is to take place, that the discharge is consistent with the city's ordinance establishing and designating the local watershed protection district in order to be considered complete. The bill does not apply to any municipal solid waste landfill in operation on or before January 1, 2006. The bill expires on July, 1, 2026.
An Act to amend and reenact §§ 10.1-603.2, 10.1-603.2:1, 10.1-603.2:2, 10.1-603.3, and 10.1-603.14 of the Code of Virginia, relating to stormwater management.
Summary as introduced: Stormwater management; civil penalty. Requires localities located in Tidewater and those that are classified as an MS4 under the federal Clean Water Act to adopt a local stormwater management program in accordance with a schedule established by the Virginia Soil and Water Conservation Board. The locality is to adopt its stormwater program between 12 and 18 months after the effective date of the Board's regulation that establishes local program criteria and delegation procedures. Under current law these localities are to adopt a program by July 1, 2006. Any locality that isn't in Tidewater or classified as an MS4 can choose to administer its own program (seek delegation) within six months following the effective date of the regulation. The bill also increases the maximum fine for violation of the provisions of the stormwater law from a civil penalty of $25,000 to $32,500.
Summary as passed Senate: Dam and flood assistance fund. Reconstitutes the current Flood Prevention and Protection Assistance Fund into the new Dam Safety, Flood Prevention and Protection Assistance Fund. The new fund will be used to make loans and grants to local governments and loans to private entities to finance the cost of implementing projects to prevent, reduce, or mitigate damages caused by flooding, to upgrade dams or impounding structures, and to fund flood prevention studies. The Virginia Resources Authority would administer and manage the fund, determining the interest rate and terms and conditions of any loan from the Fund in accordance with a memorandum of understanding with the Director of the Department of Conservation and Recreation. The Director of Conservation and Recreation would make the decision on how the moneys in the Fund would be disbursed. The language establishing the Fund is modeled after language creating the Virginia Resources Authority, the Virginia Water Facilities Revolving Fund, and the Virginia Water Supply Revolving Fund. This bill is identical to HB 596.
An Act to amend and reenact §§ 10.1-2117, 10.1-2128, 10.1-2129, and 10.1-2131 of the Code of Virginia, relating to eligibility of nonsignificant discharger to receive moneys from the Water Quality Improvement Fund.
Summary as passed Senate: Water Quality Improvement Fund disbursements. Allows new or expanding publicly owned treatment works that are not defined as significant dischargers, but are subject to the State Water Control Board's new nutrient control requirements and will have to install nutrient removal technology, similar to the significant dischargers, to apply for matching grant moneys from the Water Quality Improvement Fund. Currently, only those plants that are defined as significant dischargers are eligible to receive grants from the Fund. The bill also authorizes the Department of Environmental Quality to utilize the Fund for design and installation of nutrient removal technologies. Currently, grants to sewage treatment facilities are allocated for two uses, with the larger portion used for biological nutrient removal facilities and other appropriate nutrient removal technologies, and the smaller portion being used for only state-of-the-art facilities. The bill would remove this state-of-the-art restriction on the smaller portion.
Directing the Joint Legislative Audit and Review Commission to study very small and small community water systems in Virginia. Report.
Summary as introduced: Study; public water systems; report. Directs the Joint Legislative Audit and Review Commission to study very small and small community water systems in Virginia. the Commission shall determine whether the needs of Virginia's citizens are being met through the existing regulatory scheme with regard to both water quality and rates charged and shall make recommendations on any needed improvements.
Patrons: Houck; Delegate: Scott, E.T.
A BILL to amend and reenact §§ 2.2-1514, 10.1-2128, and 10.1-2133 of the Code of Virginia, and to amend the Code of Virginia by adding in Chapter 8 of Title 58.1 a section numbered 58.1-818, relating to dedicating recordation tax revenues to the Virginia Water Quality Improvement Fund.
Summary as introduced: Recordation taxes; transfer to Virginia Water Quality Improvement Fund. Provides that $100 million of recordation taxes collected each year shall be transferred to the Virginia Water Quality Improvement Fund. The Comptroller shall credit the $100 million to the Fund after allocations have been made for the $40 million deposit to the U.S. Route 58 Corridor Development Fund and the $40 million distribution to counties and cities, as currently required under law.
A BILL to amend and reenact §§ 2.2-1514, 10.1-2128, 10.1-2129, and 10.1-2133 of the Code of Virginia and to amend the Code of Virginia by adding in Title 58.1 a chapter numbered 6.2, consisting of sections numbered 58.1-645 and 58.1-646, and by adding in Chapter 8 of Title 58.1 a section numbered 58.1-818, relating to providing funding for water quality in the Commonwealth.
Summary as introduced: Taxes and fees for the Virginia Water Quality Improvement Fund. Establishes a $1 per day lodging fee on the sale of hotel, motel, and similar rooms and provides that such revenues plus $40 million annually in recordation tax revenues shall be deposited into the Virginia Water Quality Improvement Fund for funding of water quality.
Patrons: Quayle, Blevins and Wampler
Continued to 2007 in Senate Agriculture, Conservation and Natural Resources
A BILL to amend and reenact § 15.2-2114 of the Code of Virginia, relating to payment or cost recovery for enlargement or improvement of existing stormwater control facilities.
Summary as introduced: Stormwater regulation. Provides that income derived from stormwater control program service charges shall be dedicated special revenue and may be used only to pay or recover costs for specified purposes, including the enlargement or improvement of dams, whether publicly or privately owned, that serve to control stormwater. This bill has been incorporated into HB 148.
Incorporated in House Counties, Cities and Towns into HB148-Cole which was Approved and signed by the Governor
A BILL to amend the Code of Virginia by adding a section numbered 62.1-44.15:02, relating to upgrading of publicly owned treatment works.
Summary as introduced: Reducing nutrient discharges. Requires every publicly owned sewage treatment facility serving a population of 55,000 or greater to meet its nutrient loading allocation for limiting its discharge of nitrogen and phosphorus by July 1, 2010. The facilities have the option of installing nutrient treatment technology or participating in the nutrient credit exchange program.
Patrons: Marshall, R.G., Albo, Athey, Gear, Gilbert, Hugo, Landes, O'Bannon, Saxman and Wittman
A BILL to amend the Code of Virginia by adding in Chapter 17 of Title 58.1 an article numbered 7, consisting of a section numbered 58.1-1730, relating to the publications tax.
Summary as introduced: Publications tax; Water Quality Improvement Fund. Creates a tax to be imposed on newspapers, magazines, newsletters, or other publications at the rate of $0.01 on every such publication delivered and sold in the Commonwealth. The revenue generated shall be deposited into the Water Quality Improvement Fund.
A BILL to amend and reenact §§ 32.1-164.5 and 62.1-44.19:3 of the Code of Virginia, relating to a moratorium on sewage sludge permits.
Summary as introduced: Land application of sewage sludge. Prohibits the land application of sewage sludge beginning January 1, 2007, unless the sewage sludge is applied in the same locality in which it is generated. The departments that have oversight of the spreading of sewage sludge, the Health Department and the Department of Environmental Quality, are required to certify that the sewage sludge is being applied in a manner that protects human health and the environment, and the Department of Conservation and Recreation is to certify that the nutrient management plan for applying the sewage sludge protects water quality.
Patrons: Abbitt, Byron and Hogan; Senator: Quayle
A BILL to amend and reenact §§ 32.1-164.5 and 62.1-44.19:3 of the Code of Virginia, relating to the storage of sewage sludge.
Summary as introduced: Sewage sludge Prohibits sewage sludge from being stored at site where it is being land applied for more than three days prior to application.
Patrons: Hogan, Abbitt, Byron and Cline; Senator: Quayle
A BILL to amend and reenact §§ 15.2-2242 and 15.2-2286 of the Code of Virginia, relating to adequate water resources.
Summary as introduced: Adequate water resources. Permits localities to adopt reasonable provisions allowing the locality to deny or delay subdivision approval or issuance of a building permit or deny a rezoning request if the locality demonstrates that public facilities related to the provision of water are inadequate to support the services that will be required by a proposed subdivision or zoning classification. The locality shall base such determination on its water supply plan as approved by the Department of Environmental Quality and on-demand projections in such plan.
Requesting the Department of Conservation and Recreation and the Department of Environmental Quality to jointly study the impact of biosolids (sewage sludge) on the water quality of state waters. Report.
Summary as introduced: Study; environmental impact of biosolids; report. Requests the Departments of Conservation and Recreation and Environmental Quality to study the impact of the land application of biosolids on the quality of Virginia's waters.
Patrons: Byron, Abbitt, Barlow, Cline and Hogan
Requesting the Department of Conservation and Recreation to study an Urban Best Management Practices Cost-Share and Tax Credit program. Report.
Summary as introduced: Study; Urban Best Management Practices Cost-Share and Tax Credit Program; report. Requests the Department of Conservation and Recreation to study over the next two years whether an Urban Best Management Practices Cost-Share and Tax Credit Program, modeled after the Agricultural Best Management Practices Cost-Share and Tax Credit Program, would be beneficial and an economically efficient method for meeting the nutrient and sediment reduction goals of the Chesapeake Bay Agreement.
Patrons: Bulova, Eisenberg and Wittman
Requesting the Department of Conservation and Recreation to study the development and implementation of perennial flow determination required by the Chesapeake Bay Preservation Act regulations. Report.
Summary as introduced: Study; Chesapeake Bay Preservation Act; report. Requests the Department of Conservation and Recreation to study the development and implementation of perennial flow determination required by the Chesapeake Bay Preservation Act regulations.
Patron: Shannon
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