Legislative Newsletter - January 16, 2009

Number 1

Calendar for 2009 General Assembly Session

January 16       Deadline for senators to request budget amendments
January 23       Final deadline for bill introduction
February 8       House and Senate budgets released
February 10     “Crossover” day of legislation

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 that is $3 billion short of being balanced, and considering hundreds of bills in a year in which all House of Delegates seats are up for election in November (the last election prior to the next redistricting of election lines).

     Governor Kaine delivered his State of the Commonwealth speech Wednesday night, noting to a joint gathering of the House and Senate that “we are serving in one of the most difficult times in our nation’s recent history.” He also expressed hope that a federal economic stimulus package expected to be approved sometime in the next month “should help ease some of our budgetary challenges at the same time as it spurs the economy forward.” On Thursday, Secretary of Transportation Pierce Homer told a House committee that transit capital replacement, road repair and bridge replacement are high priorities for stimulus package funding.

     Lawmakers face a daunting challenge of closing a $3 billion budget gap that some expect to grow to as much as $3.5 billion by next month. While there are numerous state funding reductions proposed by the governor that impact localities, cuts in state support for public education are particularly troubling. The governor’s amendments would decrease state support for public education by nearly $100 million in the remainder of the current fiscal year and by more than $600 million in FY10. Most significantly, several policy changes which could have long-term impacts account for the bulk of the reductions. The House and Senate money committees must craft their own amendments to the current biennial budget over the next three weeks to meet a February 8 reporting deadline.

     While the budget will garner much time and attention from lawmakers, other issues also will be on the table for discussion. Localities will be especially interested in proposals being put forward by the development industry in the face of slumps in the housing market. Proposals from the state homebuilders association include those that would 1) extend current expiration deadlines on previously approved plats and plans (HB 2034 and HB 2077); 2) allow localities to waive public hearing requirements when considering developer requests to amend certain existing proffer agreements; 3) limit, in various ways, local regulation of “alternative” septic systems (HB 1788,  HB 2294 and SB 1276); and 4) lower the cap on administrative overhead charges that localities include in the calculation of project bonding requirements from 25% to 10% of construction costs for a period of five years (HB 2029).

     Legislators have filed over 1,800 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 list below to be linked to the summary and text of the bill. Additional bills will be highlighted in the next newsletter:

HB 1629         Grants counties the same authority as cities to prohibit loitering on bridges (also HB 1675)

HB 1671         Defines a derelict building as one that has endangered public health and safety, is vacant and boarded up, and has been without lawful utilities for a 6-month period; authorizes localities to notify the owner of such a building that they must submit a plan to demolish or renovate it; and increases a locality’s ability to obtain a court order authorizing the demolition (also SB 1094)

HB 1680         Defines the term “act of God” in the vested rights provisions to include various weather occurrences and fire

HB 1699         Broadens the Right to Farm Act to allow farmers to engage in small-scale production of biofuels in areas zoned agricultural without a special permit (also HB 2165)

HB 1730         Proposes a four-year sunset clause for any new state or local tax

HB 1749         Adds an infectious disease presumption under workers’ compensation for local water and wastewater employees

HB 1766         Requires treasurers to mail certain tax bills at least 30 days prior to the due date, instead of the current 14 days

HB 1783         Equalizes city and county taxing authorities (also HB 2006)

HB 1828         Allows localities to offer rate incentives or flexibility for green roof construction (also HB 1975 and SB 1058)

HB 1833         Allows localities to exceed the existing state requirements when adopting ordinances that regulate smoking (SB 870 and SB 1002)

HB 1867         Requires that parties requesting a jury trial in a civil case be assessed any jury costs if they do not prevail on the merits of the case

HB 1891         Reduces the amount of credit, from $100,000 to $50,000, that can be claimed under the land preservation tax credit provisions (also SB 986)

HB 1919         Increases from $1 to $25 the amount a locality may charge an inmate to defray the costs associated with the inmate's keep

HB 1991         Extends the period of time that localities have to adopt a local stormwater management program

HB 2055         Revises transfer of development rights provisions

HB 2074         Would allow up to five additional years to conform to the total maximum daily load allocations for certain wastewater treatment plants (also SB 1022)

HB 2084         Exempts certain pollution control equipment from local property taxes

HB 2085         Provides that a locality's budget shall contain a statement of current and proposed total debt, exclusive of public utility bonds, given on a per capita basis

HB 2205         Would repeal local business license (BPOL) taxes

HB 2266         Expands the current record exemption for certain identifying information of complainants in zoning cases to those in building or fire prevention code cases (also SB 1014)

HB 2308         Decreases, in certain cases, public hearing notice timeframes when assessments would result in a real property tax increase (also SB 1003 and SB 1131)

HB 2351         Directs appropriation of funds, beginning in FY11, to the Virginia Natural Resources Commitment Fund approved last year

HB 2354         Requires, rather than allows, the Governor to temporarily suspend mandates on a locally faced with fiscal stress and the suspension or relaxation of the mandate would help alleviate the fiscal hardship

HB 2355         Gives localities alternatives to publication in a newspaper of general circulation in the locality for legal ads and other required notices

SB 863            Establishes a TransDominion Express Commission

SB 979            Allows localities, by ordinance, to impose up to a $10 fee on all motor vehicle violations, to be used for purchasing fuel for law enforcement vehicles

SB 982            Requires localities to waive service charges on development or redevelopment that provides a permanent reduction in stormwater flow and pollutant loading

SB 988            Deletes the requirement that only direct recording electronic (DRE) voting machines can be purchased by localities (also HB 2422)

SB 1055          Establishes a permanent affordable housing fund

SB 1176          Requires counties levying a transient occupancy tax greater than two percent to consult with representatives of lodging properties on expending the funds

SB 1181          Requires a report to the CSA Executive Council on various expenditures and services associated with serving children in CSA (also SB 1182)

SB 1184          Requires the CSA Office to develop and distribute guidelines regarding the development and use of multidisciplinary teams in service planning

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

Lower speed limit on unpaved roads—HB 1837 (Albemarle Co.)

Regional Transit Authority enabling legislation—HB 2158

Referendum on funding for transit and transportation—HB 2161

Certain licensed distillers as ABC agents (Eades Distillery)—HB 2390 and SB 1213 (Nelson Co)

Rivanna Scenic River designation—SB 957

Increase in transient occupancy tax—SB 1025 (Greene Co.)

Clean energy financing authorization— SB 1212 (Charlottesville and Albemarle)

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)