Legislative Newsletter - January 22, 2007

Number 2

Calendar for 2007 General Assembly Session

January 18        Deadline for senators to request budget amendments

January 19        Final deadline for bill introduction

February 4       House and Senate budgets released

February 6       “Crossover”day

OVERVIEW

           Legislators have begun the 46-day “short” session of the General Assembly, facing a workload that includes crafting amendments to the current, two-year state budget and considering thousands of bills in a year in which all 140 legislative seats are up for election in November. Governor Kaine delivered his State of the Commonwealth speech Wednesday night in Jamestown, where legislators had traveled for the session’s opening to kick-off celebrations this year of the 400^th anniversary of the settlement of Jamestown. In his speech, the governor pushed for a statewide transportation solution this year, noting that the challenge is well understood and that there are many areas on which legislators agree. Legislators likely will submit hundreds of budget amendments requesting millions of dollars to fund their priorities and many bills have been proposed that impact the work of local governments.

TRANSPORTATION AND LAND USE

            Transportation talks again are expected to dominate General Assembly discussions. Legislators and the governor have put both funding and related land use policies at the center of their agendas. Over the holidays, House Republicans announced a series of land use policy changes they will be pushing for, largely similar to unsuccessful proposals floated during the special session last fall, including bills to require new subdivision streets to be locally maintained and to require designated urban development areas. They also have stated their desire to use at least 50% of the current general fund budget surplus for transportation and to push additional VDOT accountability measures.

            Governor Kaine announced his transportation package last week, which essentially is a land use planning/VDOT accountability/funding package. The governor again is requesting legislation to give local governments the power to deny rezoning requests when transportation capacity is insufficient. He also is proposing bills to set improved criteria for accepting subdivision streets into the state highway system and to address access management issues. The funding plan is similar to the one proposed last year; it would permanently dedicate existing automobile insurance premiums to transportation, increase the motor vehicle sales tax from 3% to 5%, impose abusive driver fees and increase vehicle registration fees. The dollars would be used to finance one-time projects and ongoing partnerships, to address highway maintenance shortfalls and to pay debt service.

Earlier this week, there was word that a group of Republican leaders who had been talking privately in recent weeks was nearing agreement on a transportation financing plan that had both a state component that included fee increases and borrowing as much as $2 billion for new road projects and a regional plan that would include regional tax increases for transportation needs in Northern Virginia and Hampton Roads. Though disagreement over the financing piece for Hampton Roads had stalled progress at week’s end, there was some belief that an announcement could be made early next week.

Land use bills are proving to be quite popular so far. Impact fees, which are the top priority in the 2007 TJPDC Legislative Program, are the subject of numerous bills that would provide enabling authority on either a statewide basis or to certain localities. Bills also have been introduced that would expand cash proffer authority, that would amend the transfer of development rights legislation approved last year and that would relax provisions of the clustering bill that also was passed in 2006. Two different versions of legislation addressing events and activities at farm wineries are on the table, as well as bills to allow wineries to self-distribute their products. There are numerous eminent domain bills, including one that calls for a Joint Legislative Audit and Review Commission (JLARC) study of the usage of eminent domain by public entities. A handful of bills addressing the land application of biosolids also are in the hopper.

Legislators have filed more than 2,3000 bills and resolutions so far, with the final filing deadline set for next Friday. Following are just some of the bills of particular interest to local governments in our region that have been submitted and reviewed so far; your staffs are being alerted to additional bills of interest in your locality. Please note that you can click on the bill number in the first list below to be linked to the summary and text of the bill. Additional bills will be highlighted in the next newsletter:

HB 1679 and SB 742 exempt emergency response vehicles responding to emergency calls from weight limits on bridges.

HB 1700 establishes a special fund to provide assistance with transportation infrastructure in areas where federal defense facilities are expanded.

HB 1718 and SB 817 allow a locality to deny or modify a rezoning request when the transportation network to serve the proposed development is inadequate to handle its transportation impact.

HB 1730 permits localities to tax residential property at a lower tax rate than that imposed on the general class of real property by creating a separate classification for taxation purposes.

HB 1742 and HB 1886 prohibit taking additional streets into the state secondary highway system unless they are controlled by a homeowners association.

HB 1745 and HB 2118 provide for any locality to assess impact fees on residential development.

HB 1752 requires any funds appropriated by a locality to its school board that are not expended in any fiscal year to be reappropriated to the school board.

HB 1784 provides for self-distribution of products by local wineries.

HB 1849 allows farm businesses to have restaurants and overnight accommodations on agriculturally zoned land.

HB 1945 requires landfill operators to pay a tipping fee for each ton of solid waste received at the landfill.

HB 2010 provides that localities with affordable dwelling unit ordinances that adopt a program of bonus density in exchange for affordable housing will be allowed certain incentives.

HB 2049 requires an annual VDOT report on secondary road maintenance, while SB 941 requires annual reports from VDOT projecting a three-year maintenance schedule for each planning district.

HB 2079 consolidates the current biosolids program under one state agency, requires state or local officials to be present when biosolids are applied and assesses a $7.50 fee on each dry ton of sewage sludge applied.

HB 2164 establishes the TransDominion Express Commission to identify improvements to railroads within the TransDominion Corridor.

HB 2181 and SB 1151 provide a uniform, statewide classification and taxation for idle machinery and tools.

HB 2191 increases the amount allowed for the land preservation tax credit to $112.5 million. However, HB 2226 removes the inflation index.

HB 2200 redirects HB599 law enforcement funding to transportation.

HB 2223 requires VDOT, by January 1, 2008, to classify roads by their function.

HB 2297 requires standards of automatic sprinkler systems for placement in buildings over 75 feet or six stories in height.

HJR 588 and HJR 590 are proposed Constitutional amendments to authorize assessment of impact fees.

HJR 602 establishes a joint subcommittee to study the impact of unfunded state mandates on localities.

HJR 608 establishes a joint subcommittee to study new residential and commercial development costs.

SB 851 adds elected members of the governing bodies of counties, cities and towns to VRS.

SB 869 revises the TDR legislation from last year by providing a process for transfer of rights between jurisdictions and amending the definition of “sending” property.

SB 950 removes the authority of localities to adopt ordinances that permit the use of muzzle-loading rifles during prescribed open seasons.

SB 955 allows localities to establish a housing fund to assist nonprofit organizations to develop or preserve affordable housing for low and moderate income persons and families.

SB 966 changes the name of the Virginia Housing Partnership Revolving Trust Fund to the Virginia Housing Trust Fund and provides for 10% of any unreserved general fund at the end of the fiscal year to go to the Fund.

SB 1001 revises various provisions of FOIA addressing electronic meetings.

SB 1026 requires counties over 50,000 in population to take over construction and maintenance of roads in their locality in exchange for a local-option two percent retail sales tax on motor fuels.

            Bills requested by or of special interest to several of our PDC localities have been introduced and include the following:

“Toy Vehicle” legislation—HB 2674 and SB 898 (Charlottesville)

Affordable Housing provisions—HB 2451 and SB 1131 (Charlottesville)

Primary highway funds—HB 1685 and SB 887 (Albemarle and Charlottesville)

Transfer of Development Rights changes—HB 2503 (Albemarle)

Scenic protection/Visual Quality zones—SB 988 (Albemarle)

            In addition, budget amendments for the James River water line (Fluvanna and Louisa) and the Pleasant Grove House (Fluvanna) also are being submitted in the budget process.

General Assembly Contact Numbers for David Blount, TJPDC Legislative Liaison

804-644-3702 (phone)

804-783-8226 (fax)

979-7310 x350 (Charlottesville voicemail)

(Richmond email)