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Legislative Newsletter - January 15, 2010

Number 1


Calendar for 2010 General Assembly Session

January 15       Deadline for submission of budget amendments in House
January 18       Deadline for submission of budget amendments in Senate
January 22       All bills and resolutions to be submitted
February 16     “Crossover” day of bills

OVERVIEW
            Legislators have begun the 60-day session of the 2010 General Assembly, facing a huge workload that includes amending the current (FY10) budget and crafting a two-year state budget, as well as disposing of several thousand bills. As of this writing, legislators had filed just over 2,100 bills and resolutions, with the final filing deadline set for next Friday. In addition, lawmakers likely will submit numerous budget amendments that seek to secure or shift millions of dollars to fund their priorities.

            While the budget will garner much time and attention, other issues also will be on the table for discussion. Localities will be especially interested in proposals being put forward to delay the much-discussed stormwater management regulations. HB 155 delays until July 1, 2012 the implementation of the regulations, while SB 245 provides for a delay until July 1, 2011. SB 395 would delay the regulations until EPA approval of a Virginia TMDL implementation plan.

            When it met early in the week, the Joint Subcommittee Studying Development and Land Use Tools declined to endorse any changes to the present Urban Development Area statute. However, several bills on the topic have surfaced, including HB 1071 and SB 420, which would set densities in UDAs that vary depending on the population of the locality. HJ 135 and SJ 89 would continue the work of the panel for another year. Numerous other bills that affect local land use and planning also have been submitted.

            There also are proposals that would restrict the already limited authority localities have to regulate firearms. These include HB 236, which would repeal local authority to prohibit hunting within one-half mile of a subdivision; and HB 475, which would allow concealed weapons in school buildings when it is not being used for school functions.

            The Virginia Association of Counties requested introduction of SB 280, which would remove the cap of four percent for the county meals tax and allow counties to impose the tax or increase the rate by a majority vote of governing body.

Following are just some of the bills of particular interest and/or concern to local governments in our region that have been submitted so far; local staff are being alerted to additional bills of interest in your locality. Please note that you can be linked to the summary and text of the bills listed below by using Ctrl + Click. Additional bills will be highlighted in the next newsletter:

HB 51

Allows a local governing body to prepare and submit a local comprehensive plan amendment without going through the local planning commission process.

HB 57

Eliminates the BPOL tax. Also, HB 110 allows localities to decide whether to impose the BPOL tax on a business's gross receipts or its Virginia taxable income.

HB 115

Establishes a set of requirements for the protection of sewer system laterals and private sewer laterals.

HB 132

Limits alternative on-site sewage systems in wetlands and impaired waters. Also, HB 332 allows homeowners with small system to do their own AOSS testing, while SB 448 allows any locality to prohibit the use of such alternative systems.

HB 246

Provides that no less than 10% of local government investment pool assets be invested in Virginia financial institutions (also SB 484).

HB 336

Broadens a locality's ability to use cash proffers for capital projects other than those for which the cash was originally proffered.

HB 374

Stipulates that cash proffers be collected at the time of certificate of occupancy.

HB 385

Directs the governor to suspend a mandate for a period not to exceed two years upon proper application by a locality.

HB 401

Gives localities alternatives to publication in a newspaper of general circulation in the locality for legal ads and other notices of proposed action (also HB 586).

HB 508

Requires the state to develop procedures for notifying health sensitive individuals of sewage sludge application.

HB 552

Includes the right to replace failed septic systems under vested rights protection.

HB 553

Restricts local authority to regulate temporary signs (also SB 64).

HB 582

Restricts local authority to regulate certain eating and lodging establishments on farms (also SB 347).

HB 583

Limits local authority to regulate farm businesses and related activities (also SB 348).

HB 619

Allows localities to assess higher civil penalties for beginning land-disturbing activities without an approved plan.

HB 680

Increases from $1 to $2 the fee on every deed in jurisdictions in which open-space easements are held by the Virginia Outdoors Foundation.

HB 718

Directs the governor and General Assembly to develop and implement a plan to reduce the number of children in foster care by 25% within 10 years.

HB 777

Requires a locality that has adopted land use value assessment and taxation on three classifications to adopt it on all four classifications of land.

HB 843

Requires medical emergency response plans and automated external defibrillators in local government buildings open to the public.

SB 35

Authorizes all localities to regulate distribution of handbills, solicitation of contributions, and sale of merchandise on highways within their boundaries (approved by Senate Transportation Committee).

SB 121

Provides that notice of the public hearing a locality must hold prior to increasing the real property tax when the local property assessment results in a tax increase shall be given at least 14 days before the date of the hearing (currently 30 days).

SB 222

Exempts localities from fees charged for VDOT review of comprehensive plan amendments, rezoning applications

General Assembly Contact Numbers for David Blount, TJPD Legislative Liaison

PHONE: 434-979-7310 x350
EMAIL: dblount@tjpdc.org (preferred) or dblount64@hotmail.com (alternate)

 


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