General Assembly>Division of Legislative Services>Publications>Session Summaries>2008>Counties, Cities and Towns


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Counties, Cities and Towns

Passed

P HB8

Lien for water and sewer charges. Adds the Towns of Front Royal and Kenbridge to those localities that may provide that charges imposed for water or sewers shall be a lien on the real estate served by such waterline or sewer. Where residential rental real estate is involved, no lien shall attach (i) unless the user of the water or sewer services is also the owner of the real estate or (ii) unless the owner of the real estate negotiated or executed the agreement by which such water or sewer services were provided to the property.
Patron - Wright

P HB33

Marked sheriffs' office vehicles. Allows marked sheriffs' office vehicles to be painted solid colors other than brown or white.
Patron - Ingram

P HB140

Local governing bodies and local school boards. Requires local governing bodies and local school boards to annually publish their approved budgets online. If there is no local government website or local school board website, the budgets must be available in hard copy.
Patron - Peace

P HB190

Provisions for subdivision of a lot for conveyance to a family member. Includes stepchildren within the definition of "immediate family" for purposes of family subdivision provisions. This bill is identical to SB 230.
Patron - Orrock

P HB195

Subdivision plats. Clarifies definitions related to subdivision plats and preliminary subdivision plats.
Patron - Orrock

P HB262

Housing loans and grants in designated conservation or rehabilitation districts. Grants authority to localities to make loans or grants of local funds to certain individuals for the purpose of rehabilitating owner-occupied residences or assisting in the purchase of an owner-occupied residence in designated conservation or rehabilitation districts.
Patron - Ware, O.

P HB350

Powers of zoning administrator. Expands certain authority related to enforcement of occupancy limits in residential dwelling units to all zoning administrators, rather than just those in Planning District 8. This bill is identical to HB 663.
Patron - Cole

P HB357

Special rate districts. Adds Fauquier County to those localities that may request an electric utility that proposes to construct an overhead electric transmission line of 150 kilovolts or more, any portion of which would be located in such locality, to enter into an agreement with the locality that provides the locality will impose a tax or assessment on electric utility customers in a special rate district in an amount sufficient to cover the utility's additional costs of constructing that portion of the proposed line to be located in such locality, or any smaller portion thereof as the utility and the locality may agree, as an underground rather than an overhead line.
Patron - Cole

P HB394

Powers of water and waste authorities. Grants such authorities powers related to intellectual property rights.
Patron - Bulova

P HB430

Administrative inspection warrants. Provides that a zoning ordinance may include provisions for the issuance of inspection warrants by a magistrate or court of competent jurisdiction. The zoning administrator or his agent may present sworn testimony to a magistrate or court of competent jurisdiction and if such sworn testimony establishes probable cause that a zoning ordinance violation has occurred, request that the magistrate or court grant the zoning administrator or his agent an inspection warrant to enable the zoning administrator or his agent to enter the subject dwelling for the purpose of determining whether violations of the zoning ordinance exist. The zoning administrator or his agent shall make a reasonable effort to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant under this bill. This bill is identical to SB 428.
Patron - Frederick

P HB432

Arts and cultural districts. Adds the City of Manassas to those localities authorized to create an arts and cultural district for the purpose of increasing awareness and support for the arts and culture in the locality. Localities may provide incentives for the support and creation of arts and cultural venues in the district.
Patron - Frederick

P HB434

Defacement of buildings; immunity. Provides that local employees and agents of a locality who remove graffiti from buildings shall have any and all immunity normally provided to an employee of the locality.
Patron - Frederick

P HB443

Rights and duties of county chairman in Loudoun County. Lists various rights and duties of the board chairman in Loudoun County.
Patron - Rust

P HB445

Occupancy limits. Provides that no fines shall accrue against the owner or managing agent of a single-family residential dwelling unit for the violation of a zoning ordinance regulating occupancy limits during the pendency of any legal action commenced by such owner or managing agent against a tenant to eliminate an overcrowding condition.
Patron - Rust

P HB451

Composition of the Northern Virginia Transportation Authority. Increases the membership from 16 to 17 by adding a town representative who shall serve as a nonvoting member.
Patron - Rust

P HB466

Restraining certain violations. Allows a zoning administrator or locality to record locality to record a memorandum of lis pendens for certain zoning ordinance violations.
Patron - Watts

P HB522

Land use adjacent to certain jet bases. Includes interfacility traffic areas or any other area designated by the military as an area of special concern based on the potential for adverse affects on military operations as property that must be included in the land use program of any locality in which a United States Navy Master Jet Base is located. This bill contains an emergency clause.
Patron - Suit

P HB526

Peninsula Ports Authority of Virginia. Creates a procedure for the dissolution of the Peninsula Ports Authority of Virginia.
Patron - Pogge

P HB663

Powers of zoning administrator. Expands certain authority related to enforcement of occupancy limits in residential dwelling units to all zoning administrators, rather than just those in Planning District 8. This bill is identical to HB 350.
Patron - Lewis

P HB679

Civil penalties for violations of zoning ordinance. Requires the general district court, upon a finding of liability, to order a violator of a zoning ordinance to abate or remedy the violation in compliance with the zoning ordinance within a period not to exceed 30 days. In addition, the bill provides that should the violator choose to waive trial, admit liability, and pay the civil penalty, the violator will have to first agree in writing to abate or remedy the violation within a specified timeframe. The bill also provides that when civil penalties for a zoning ordinance violation total $5,000 or more, the violation may be prosecuted as a criminal misdemeanor. This bill incorporates HB 1090.
Patron - Hull

P HB721

Approval of plats, site plans, and plans of development in certain localities. Creates a more compact approval process for commercial property in localities with a population greater than 90,000.
Patron - Oder

P HB877

Community Development Authority; City of Richmond. Provides that the board of any such authority shall consist of seven members.
Patron - Loupassi

P HB879

Affordable dwelling unit ordinances. Provides that a locality establishing an affordable housing dwelling unit program in any ordinance may establish a requirement that the prices for resales and rerentals be controlled by the local housing authority or local governing body or designee for a period of not less than 15 years, but not to exceed 50 years, after the initial sale or rental transaction for each affordable dwelling unit, provided that the ordinance further provides for reasonable rules and regulations to implement a price control provision. Under current law, the prices for resales and rerentals may be controlled by the local housing authority or local governing body or designee for a period of 50 years after the initial sale or rental transaction for each affordable dwelling unit. HB 330 is incorporated into this bill.
Patron - Loupassi

P HB883

Affordable Dwelling Unit ordinance; permitting certain densities in the comprehensive plan. Authorizes the City of Charlottesville to provide in its comprehensive plan for the physical development within the city for densities of development ranging between a floor area ratio (FAR) of 1.0 (1.0 FAR) and a floor area ratio of 10.0 (10.0 FAR) or greater in some or all parts of the city. The bill authorizes the City of Charlottesville to establish affordable housing contributions from developers as a condition of the governing body's approval of a special exception application for residential, commercial, or mixed-use projects with a density equal to or greater than 1.0 FAR. Under the bill, the provisions of the ordinance would allow the developer to provide on-site Affordable Dwelling Units, off-site Affordable Dwelling Units, or a cash contribution to the city's affordable housing fund in lieu of providing the units. This bill is identical to SB 268.
Patron - Toscano

P HB991

Transfer of development rights. Permits, in Albemarle County, the severance and transfer of development rights from a sending property without requiring those rights to be immediately affixed to a specific receiving property.
Patron - Bell

P HB1061

Zoning ordinances. Provides that a zoning ordinance may prescribe an appeal period of less than 30 days, but not less than 10 days, for a notice of violation involving maximum occupancy limitations of a residential dwelling unit. This bill incorporates HB 1101.
Patron - Amundson

P HB1078

Vested rights and nonconforming uses. Makes several changes to the vested rights and nonconforming use provisions, including (i) that a locality shall use square footage and building code provisions in determining whether a nonconforming use has been enlarged or structurally altered; and (ii) providing that when a property owner has paid taxes to the locality for a building or structure for a period in excess of 15 years, a zoning ordinance may provide that such building or structure shall be nonconforming, but not illegal.
Patron - Suit

P HB1079

Board of Zoning appeals; variances. Provides that a structure permitted by a variance may not be expanded unless the expansion is within an area of the site or part of the structure for which no variance is required under the ordinance. Where the expansion is proposed within an area of the site or part of the structure for which a variance is required, the approval of an additional variance shall be required.
Patron - Suit

P HB1084

Approval of certain proffered conditions. Provides that in any instance in which a locality has accepted proffered conditions that include pedestrian improvements, and the Virginia Department of Transportation has reviewed and not objected to the proposed pedestrian improvements during the processing of the rezoning, the Virginia Department of Transportation shall allow the proffered improvements to be constructed, except when such improvements will violate local, state, or federal laws, regulations, or mandated engineering and safety standards.
Patron - Englin

P HB1086

Appeals to boards of zoning appeals. Provides that a written notice of a zoning violation or a written order of the zoning administrator that includes such statement sent by registered or certified mail to, or posted at, the last known address of the property owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall be deemed sufficient notice to the property owner and shall satisfy the notice requirements under general law.
Patron - Sickles

P HB1107

Fines for overcrowding in residential dwellings. Increases the maximum fines for repeat violations of ordinances regulating the number of unrelated persons in single-family residential dwellings.
Patron - Rust

P HB1177

Plats. Provides that once a plat for all or a portion of a multiphase development is recorded, the preliminary plat shall remain valid for a period of five years from the date of the latest recorded plat of subdivision for the property. Also, an approved final subdivision plat that has been recorded, from which any part of the property subdivided has been conveyed to third parties (other than to the developer or local jurisdiction), shall remain valid for an indefinite period of time unless and until any portion of the property is subject to a vacation action.
Patron - Lingamfelter

P HB1342

Lien for water and sewer charges. Adds the County of Isle of Wight to those localities that may provide that charges imposed for water or sewers shall be a lien on the real estate served by such waterline or sewer. Where residential rental real estate is involved, no lien shall attach (i) unless the user of the water or sewer services is also the owner of the real estate or (ii) unless the owner of the real estate negotiated or executed the agreement by which such water or sewer services were provided to the property.
Patron - Barlow

P HB1355

Sewage treatment plants. Provides that whenever the governing body of a locality or a combination of governing bodies of two or more localities is expanding or upgrading a sewage treatment plant, the facility shall be expanded or upgraded so that it has the capability to accept and treat the septage from all onsite sewage disposal systems, which are not adequately served by another approved disposal site, located in the locality or combination thereof to be served by such plant.
Patron - Bulova

P HB1437

Conservation of trees during the land development process for air quality improvement in certain localities. Provides that certain localities may, by ordinance, require conservation of trees during the development process. The bill also provides that the tree conservation ordinance may require that the site plan for any subdivision or development provide for the preservation and replacement of trees on the development site such that the minimum tree canopy or tree cover percentage 20 years after development is projected to be as follows: (i) 10 percent tree canopy for a site zoned business, commercial, or industrial; (ii) 10 percent tree canopy for a residential site zoned 20 or more units per acre; (iii) 15 percent tree canopy for a residential site zoned more than eight but less than 20 units per acre; (iv) 20 percent tree canopy for a residential site zoned more than four but not more than eight units per acre; (v) 25 percent tree canopy for a residential site zoned more than two but not more than four units per acre; and (vi) 30 percent tree canopy for a residential site zoned two or less units per acre. Finally, the bill mandates that any tree conservation ordinance provide for certain deviations from the canopy requirements.
Patron - Bulova

P HB1463

Group homes. Removes Henry County from a provision related to the zoning classification of group homes.
Patron - Armstrong

P HB1480

Allowances to injured deputy sheriffs. Requires a locality to allow a deputy sheriff injured in the line of duty to use accrued vacation, compensatory, and sick leave to supplement his workers' compensation allowance, so as to receive 100 percent compensation. The bill also requires the locality to continue to pay any employer's share of certain health insurance coverage for the injured deputy and his dependents. This bill is identical to SB 673.
Patron - Kilgore

P HB1496

Southwest Regional Recreation Authority. Establishes an authority for Southwest Virginia to create a multi-purpose regional recreational area similar to, and potentially adjoining, such areas in West Virginia and Kentucky. The recreational area might consist of various trails and other amenities on private open-space lands where members of the public could, for example, hunt, fish, boat, camp, ride motorcycles or all-terrain vehicles, ride mountain bikes, or ride horses. The Southwest Regional Recreation Authority would have various powers to manage the area by raising funds, employing staff, and adopting rules punishable by civil penalties. Landowners participating in the recreation area would be afforded a limited liability for persons engaging in recreational activities on their property.
Patron - Bowling

P HB1527

Enforcement of certain sewer charges. Provides that in Planning District 1 or Planning District 2 a water and waste authority may require that water service provided by another entity be discontinued under certain circumstances for nonpayment of sewer charges. This bill contains an emergency clause.
Patron - Phillips

P HB1528

Southwest Virginia Health Facilities Authority. Makes changes to the membership of the board of directors of such authority.
Patron - Phillips

P SB230

Provisions for subdivision of a lot for conveyance to a family member. Includes stepchildren within the definition of "immediate family" for purposes of family subdivision provisions. This bill is identical to HB 190.
Patron - McDougle

P SB237

Donations by localities. Allows localities to make donations to any nonprofit association or organization furnishing services to beautify and maintain communities and/or to prevent neighborhood deterioration.
Patron - Whipple

P SB268

Affordable Dwelling Unit ordinance; permitting certain densities in the comprehensive plan. Authorizes the City of Charlottesville to provide in its comprehensive plan for the physical development within the city for densities of development ranging between a floor area ratio (FAR) of 1.0 (1.0 FAR) and a floor area ratio of 10.0 (10.0 FAR) or greater in some or all parts of the city. The bill authorizes the City of Charlottesville to establish affordable housing contributions from developers as a condition of the governing body's approval of a special exception application for residential, commercial, or mixed-use projects with a density equal to or greater than 1.0 FAR. Under the bill, the provisions of the ordinance would allow the developer to provide on-site Affordable Dwelling Units, off-site Affordable Dwelling Units, or a cash contribution to the city's affordable housing fund in lieu of providing the units. This bill is identical to HB 883.
Patron - Deeds

P SB393

Variances; nonconforming uses. Provides that a zoning ordinance shall permit the owner of any residential or commercial building damaged or destroyed by a natural disaster or other act of God to repair, rebuild, or replace such building to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance. Under current law, if a residential or commercial building is damaged or destroyed by a natural disaster or other act of God, 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.
Patron - Martin

P SB415

Industrial Development and Revenue Bond Act. Provides that in Buchanan County a constitutional officer who has previously served on the board of the industrial development authority may serve as a director of the authority, provided the governing body approves.
Patron - Puckett

P SB428

Administrative inspection warrants. Provides that a zoning ordinance may include provisions for the issuance of inspection warrants by a magistrate or court of competent jurisdiction. The zoning administrator or his agent may present sworn testimony to a magistrate or court of competent jurisdiction and if such sworn testimony establishes probable cause that a zoning ordinance violation has occurred, request that the magistrate or court grant the zoning administrator or his agent an inspection warrant to enable the zoning administrator or his agent to enter the subject dwelling for the purpose of determining whether violations of the zoning ordinance exist. The zoning administrator or his agent shall make a reasonable effort to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant under this bill. This bill is identical to HB 430.
Patron - Barker

P SB532

Disclosures in land use proceedings; Loudoun County. Requires each individual member of the Loudoun County board of supervisors, planning commission, and board of zoning appeals in any proceeding before each such body involving an application for a special exception or variance or involving an application for amendment of a zoning ordinance map, which does not constitute the adoption of a comprehensive zoning plan, an ordinance applicable throughout the locality, or an application filed by the board of supervisors that involves more than 10 parcels that are owned by different individuals, trusts, corporations, or other entities, to, prior to any hearing on the matter or at such hearing, make a full public disclosure of any business or financial relationship that such member has, or has had within the 12-month period prior to such hearing, (i) with the applicant in such case; (ii) with the title owner, contract purchaser, or lessee of the land that is the subject of the application, except, in the case of a condominium, with the title owner, contract purchaser, or lessee of 10 percent or more of the units in the condominium; (iii) if any of the foregoing is a trustee (other than a trustee under a corporate mortgage or deed of trust securing one or more issues of corporate mortgage bonds), with any trust beneficiary having an interest in such land; or (iv) with the agent, attorney, or real estate broker of any of the foregoing.
Patron - Herring

P SB673

Allowances to injured deputy sheriffs. Requires a locality to allow a deputy sheriff injured in the line of duty to use accrued vacation, compensatory, and sick leave to supplement his workers' compensation allowance, so as to receive 100 percent compensation. The bill also requires the locality to continue to pay any employer's share of certain health insurance coverage for the injured deputy and his dependents. The bill is identical to HB 1480.
Patron - Wampler

P SB704

Gifts and donations by localities to certain nonprofit foundations. Provides that a locality may make gifts and donations to nonprofit foundations established to support the locality's public parks, libraries, and law enforcement. For the purposes of this bill, "donations" to any such foundation shall include the lawful provision of in-kind resources.
Patron - Puller

P SB710

Conservation of trees during the land development process for air quality improvement in certain localities. Provides that certain localities may, by ordinance, require conservation of trees during the development process. The bill also provides that the tree conservation ordinance may require that the site plan for any subdivision or development provide for the preservation and replacement of trees on the development site such that the minimum tree canopy or tree cover percentage 20 years after development is projected to be as follows: (i) 10 percent tree canopy for a site zoned business, commercial, or industrial; (ii) 10 percent tree canopy for a residential site zoned 20 or more units per acre; (iii) 15 percent tree canopy for a residential site zoned more than eight but less than 20 units per acre; (iv) 20 percent tree canopy for a residential site zoned more than four but not more than eight units per acre; (v) 25 percent tree canopy for a residential site zoned more than two but not more than four units per acre; and (vi) 30 percent tree canopy for a residential site zoned two or less units per acre. Finally, the bill mandates that any tree conservation ordinance provide for certain deviations from the canopy requirements. This bill incorporates SB 448 and is identical to HB 1437.
Patron - Ticer

P SB740

Southwest Regional Recreation Authority. Establishes an authority for Southwest Virginia to create a multi-purpose regional recreational area similar to, and potentially adjoining, such areas in West Virginia and Kentucky. The recreational area might consist of various trails and other amenities on private open-space lands where members of the public could, for example, hunt, fish, boat, camp, ride motorcycles or all-terrain vehicles, ride mountain bikes, or ride horses. The Southwest Regional Recreation Authority would have various powers to manage the area by raising funds, employing staff, and adopting rules punishable by civil penalties. Landowners participating in the recreation area would be afforded a limited liability for persons engaging in recreational activities on their property.
Patron - Puckett

P SB742

Moratorium on city annexation and county immunity notices and proceedings. Provides that the moratorium on annexation proceedings does not end following the expiration of the 2006-2008 or the 2008-2010 biennium if, for the 2008-2010 biennium, actual appropriations to local governments for law-enforcement expenditures are less than the amount statutorily required.
Patron - Hanger

P SB791

Incentive zoning; definition. Redefines the term "incentive zoning" for the purposes of Chapter 22 of Title 15.2 as the use of bonuses in the form of increased project density or other benefits to a developer in return for the developer providing certain features, design elements, uses, services, or amenities desired by the locality, including but not limited to, site design incorporating principles of new urbanism and traditional neighborhood development, environmentally sustainable and energy-efficient building design, affordable housing creation and preservation, and historical preservation, as part of the development.
Patron - Whipple

Failed

F HB72

Capital improvements 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.
Patron - Marshall, R.G.

F HB82

Zoning violations; overcrowding. Provides for enhanced fines for any conviction resulting from a violation of provisions related to overcrowding of residential dwellings. The bill also authorizes zoning provisions to provide that any conviction resulting from a violation of provisions that prohibit a person from permitting a single-family residential dwelling owned by him to be occupied by any unrelated person who has no legal right to do so or in violation of any of the provisions regulating the number of unrelated persons in single-family residential dwellings shall be punishable by a fine of up to $1,500 for each such unrelated person.
Patron - Marshall, R.G.

F HB200

Zoning enforcement; Planning District 8. Provides for enhanced penalties in Planning District 8 for certain violations related to overcrowding of residential dwellings.
Patron - Marshall, R.G.

F HB202

Adoption of certain ordinances. Provides that if the results of any May, June, or November general election would result in a change in a majority of the membership of a governing body on the following July 1, September 1, or January 1, respectively, no regulation, district boundary, or classification of property shall be amended, supplemented, or changed from the date of such election and until such respective date except by a two-thirds vote of the governing body members.
Patron - Marshall, R.G.

F HB205

Provisions of zoning ordinance. Provides that a zoning ordinance may contain provisions for the issuance of inspection warrants by a magistrate. The zoning administrator may present sworn testimony to a magistrate or court of competent jurisdiction and request that the magistrate or court grant the zoning administrator an inspection warrant to enable the zoning administrator to enter the subject dwelling for the purpose of determining whether violations of the zoning ordinance exist. The zoning administrator shall make a reasonable effort to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant.
Patron - Marshall, R.G.

F HB208

Adequate public facilities. Allows any locality to adopt provisions in its subdivision ordinance for deferring the approval of subdivision plats or site plans when it determines that existing schools, roads, public safety, sewer or water facilities are inadequate to support the proposed development. Such deferrals cannot extend beyond 12 years. A locality may also consider the adequacy of public facilities in the preparation of its zoning ordinance.
Patron - Cole

F HB212

Certain firearms taxes; destruction of records. Repeals local authority to impose a license tax of not more than $25 on persons engaged in the business of selling pistols and revolvers. Also, a recordkeeping requirement for such persons is deleted and the clerk of the circuit court shall destroy any such existing records.
Patron - Cole

F HB265

Regulation of wood burning fireplaces. Provides that in any locality with a population density of greater than 1,000 persons per square mile, the locality may by ordinance regulate the use of wood burning fireplaces in any portion of the locality where such use may constitute a nuisance to adjacent residences.
Patron - Albo

F HB288

Virginia Indoor Clean Air Act; restaurants. Allows localities to adopt ordinances containing standards or provisions relating to smoking in restaurants that meet or exceed those established in the Virginia Indoor Clean Air Act.
Patron - Englin

F HB294

Water and sewage connections. Provides that New Kent County may require connection to its water and sewer systems by owners of property that can be served by the systems if the property, at the time of installation of such public system, or at a future time, does not have a then-existing or correctable domestic supply or source of potable water and a then-existing or correctable system for the disposal of sewage.
Patron - Peace

F HB301

Performance of certain federal immigration functions. Requires the sheriff of a locality with a population greater than 300,000 to enter into a memorandum of agreement with Immigration and Customs Enforcement that would allow designated local law-enforcement officers to perform certain federal immigration law functions in the Commonwealth. Such an agreement is often referred to as an agreement under the federal 287(g) program.
Patron - Nichols

F HB304

Occupancy limits in single-family dwellings. Requires localities to limit occupancy to no more than four unrelated persons.
Patron - Nichols

F HB330

Affordable housing; price controls. Changes the current requirement, which localities may include in their affordable dwelling unit ordinances, that the prices for resales and rerentals be controlled by the authority or locality from "for a period of fifty years" after the initial sale or rental transaction for each affordable dwelling unit, to "at least 15 years but no more than 50 years." This bill was incorporated in HB 879.
Patron - McClellan

F HB358

Suspending water hook-ups during certain emergencies. Allows a locality that has adopted a water supply emergency ordinance to suspend the issuance of water hook-up permits for connection to its water and sewer systems during such emergency.
Patron - Cole

F HB367

Sanctuary cities prohibited. Prohibits a local governing body from adopting a policy that serves to protect undocumented immigrants from deportation. Furthermore, no locality shall prohibit its employees from asking a person about his immigration status.
Patron - Carrico

F HB371

Local control of firearms; attorney fees. Requires a locality to pay attorney fees resulting from taking certain actions prohibited with regard to firearm control.
Patron - Carrico

F HB387

Purchase of property by locality. Expands the definition of "public use" for purposes of determining whether a locality is authorized to acquire property.
Patron - Bulova

F HB393

Northern Virginia Transportation Authority. Changes the applicability of certain existing fund distribution from "the Cities of Falls Church and Alexandria and the County of Arlington" to "any city or county that maintained its own roads as of July 1, 2007."
Patron - Bulova

F HB452

Penalties related to overcrowding of dwellings. Removes the prohibition regarding a potential jail term for violating certain zoning provisions related to overcrowding of residential dwellings.
Patron - Rust

F HB485

Carbon monoxide detectors in certain buildings. Provides that any locality may, by ordinance, require that carbon monoxide detectors be installed in the following structures or buildings: (i) any building containing one or more dwelling units, (ii) any hotel or motel regularly used or offered for or intended to be used to provide overnight sleeping accommodations for one or more persons, and (iii) rooming houses regularly used, offered for, or intended to be used to provide overnight sleeping accommodations.
Patron - Shuler

F HB486

Failure to provide adequate crowd control. Expands existing authority to bring a civil action against a person who negligently fails to provide adequate security or crowd control at events that draw large crowds to include the Town of Blacksburg. This bill was incorporated into HB 851.
Patron - Shuler

F HB508

Approval of annexation by referendum. Requires a city-initiated annexation to be approved by two-thirds of the voters in each of the affected localities.
Patron - Hamilton

F HB509

Annexation, granting of city charters, and county immunity. Repeals the temporary restrictions on city annexation of counties, the creation of new cities, and the granting of county immunity from annexation.
Patron - Hamilton

F HB511

Vacant building registration. Increases the vacant building annual registration fee from $25 to $50. The bill also increases the civil penalty for failure to register such building from $50 to $75.
Patron - Dance

F HB635

Impact fees. Expands existing road impact fee provisions to include school improvements and extends the applicability of such provisions from localities that meet certain population and growth criteria 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.
Patron - May

F HB675

Urban county executive form of government; discrimination based on sexual orientation. Allows Fairfax County (the only county with such form of government) by ordinance to prohibit discrimination in housing, real estate transactions, employment, public accommodations, credit, and education on the basis of sexual orientation. Such authority currently exists with regard to race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, age, marital status, or disability.
Patron - Plum

F HB697

Control of firearms; libraries. Provides that localities may adopt an ordinance that prohibits firearms, ammunition, or components or combinations thereof in libraries owned or operated by the locality.
Patron - BaCote

F HB726

Conditional zoning; purchase of development rights. Provides that localities with cash proffer authority may accept cash proffers for the purchase of development rights to preserve open space.
Patron - Scott, E.T.

F HB788

Highway maintenance payments to counties. Allows counties that maintain their own secondary highways (Henrico and Arlington) and are more than 100 square miles in size to receive the same per-lane-mile maintenance payments provided for roads within urban transportation service districts in other counties.
Patron - Ingram

F HB851

Failure to provide adequate crowd control. Expands existing authority to bring a civil action against a person who negligently fails to provide adequate security or crowd control at events that draw large crowds to include all cities and towns. This bill incorporates HB 486.
Patron - Orrock

F HB901

Employee benefits; residence in certain localities. Allows localities comprising Planning District 8, which is composed of the Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park; the towns of Dumfries, Herndon, Leesburg, Purcellville, and Vienna; and the counties of Arlington, Fairfax, Loudoun, and Prince William, to provide for the use of funds, other than state funds, to provide grants, loans, and other assistance for local government and school board employees, as well as employees of local constitutional officers, to purchase or rent residences for use as the employee's principal residence within the locality.
Patron - Scott, J.M.

F HB954

Conditional zoning; purchase of development rights. Provides that localities with cash proffer authority may accept cash proffers for the purchase of development rights to preserve farmland or open space.
Patron - Scott, E.T.

F HB957

Northern Virginia Transportation Authority. Increases the membership of the Authority to provide for a mayor from a town within a county that is a member of the Authority.
Patron - Shannon

F HB958

Local government authority; registration of non-owner occupied residential dwellings; civil penalty. Authorizes localities to require all non-owner occupied residential dwellings to be registered on an annual basis. Failure to register shall be a $50 civil penalty; however, failure to register in conservation and rehabilitation districts designated by the governing body, or in other areas designated as blighted, is punishable by a civil penalty not exceeding $250.
Patron - Shannon

F HB976

Single lot development; stormwater management. Provides that the developer of a single lot shall provide storm water management where substantial redevelopment of such lot is proposed. Substantial redevelopment" shall be deemed to occur when land-disturbing activities occur on more than 15 percent of the square footage of any single lot.
Patron - Shannon

F HB1026

Restrictions on granting public benefits; penalty. Prohibits localities from granting public benefits to persons who are not citizens, legal permanent residents, or conditional resident aliens of the United States. The bill also provides that failure to determine immigration status shall result in the termination of all funds appropriated in the general appropriations act except those funds required by the Constitution of the Commonwealth and federal law.
Patron - Frederick

F HB1033

Urban transportation service districts. Grants towns authority to create such districts. Creation of such districts is also a prerequisite for use of the new impact fee authority granted during the 2007 Session.
Patron - Frederick

F HB1036

Property tax rates; assessments; bills. Requires: (i) localities to fix tax rates for an ensuing year at least 30 days prior to approval of the budget for the ensuing year, with separate public notices and separate public hearings; (ii) localities to attach to each real and personal property tax bill information showing how the amount of the tax bill has been apportioned in the current fiscal year on the major categories of spending; and (iii) localities to provide more detailed information on notices of reassessments. The bill has a delayed effective date of January 1, 2009.
Patron - Frederick

F HB1063

Virginia Indoor Clean Air Act; restaurants in Northern Virginia. Allows localities in Northern Virginia to adopt concurrent ordinances containing standards or provisions relating to smoking in restaurants which exceed those established in the Virginia Indoor Clean Air Act.
Patron - Brink

F HB1087

Public access to social security numbers; exceptions. Provides that the social security number of any individual contained in the public records of a local government shall be confidential and exempt from disclosure under the Freedom of Information Act. The bill provides, however, that a social security number may be released (i) in accordance with a proper judicial order; (ii) to any law-enforcement agency, officer, or authorized agent thereof acting in the performance of official law-enforcement duties; or (iii) to any data subject exercising his rights under the Government Data Collection and Dissemination Practices Act.
Patron - Sickles

F HB1090

Civil penalties for violations of zoning ordinance. Requires the general district court, upon a finding of liability, to order a violator of a zoning ordinance to abate or remedy the violation in compliance with the zoning ordinance within a period not to exceed 30 days. In addition, the bill provides that should the violator choose to waive trial, admit liability, and pay the civil penalty, the violator will have to first agree in writing to abate or remedy the violation within a specified timeframe. This bill was incorporated into HB 679.
Patron - Sickles

F HB1101

Notice of certain zoning violations. Provides that localities may shorten the appeal period from 30 days to 10 days for notices of violations of zoning ordinances that limit occupancy in residential dwellings. This bill was incorporated into HB 1061.
Patron - Sickles

F HB1159

Provisions of zoning ordinance. Provides that a zoning ordinance may contain provisions for the issuance of inspection warrants by a magistrate. The zoning administrator may present sworn testimony to a magistrate or court of competent jurisdiction and request that the magistrate or court grant the zoning administrator an inspection warrant to enable the zoning administrator to enter the subject dwelling for the purpose of determining whether violations of the zoning ordinance exist. The zoning administrator shall make a reasonable effort to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant.
Patron - Albo

F HB1210

Vacant building registration; penalties. Provides for enhanced penalties for failure to register vacant buildings.
Patron - Melvin

F HB1253

Smoking in restaurants. Prohibits smoking in restaurants.
Patron - Marsden

F HB1279

Transportation district commissioners; compensation. Raises the per diem for transportation district commissioners from $50 to $100.
Patron - Spruill

F HB1297

Adequate pubic facilities. Provides that any locality that is subject to the provisions of the Chesapeake Bay Preservation Actmay by ordinance adopt provisions related to the provision of adequate public facilities. Local adequate public facility provisions may be applied during the subdivision or site plan review and approval process.
Patron - Frederick

F HB1303

Virginia Residential Property Disclosure Act; property located within a historic district. Authorizes a locality to, by ordinance, provide that an owner of residential real property located within such locality shall disclose, in writing, to the purchaser of such property whether (i) such property is located in a historic district designated by the locality pursuant to § 15.2-2306 and (ii) the provisions of any historic district ordinance affect the property. Such written disclosure shall state the specific historic district in which the property is located according to the official zoning map.
Patron - Oder

F HB1341

Virginia Indoor Clean Air Act; restaurants. Allows localities to adopt ordinances containing standards or provisions relating to smoking in restaurants that meet or exceed those established in the Virginia Indoor Clean Air Act.
Patron - Barlow

F HB1343

Rezoning property to previous zoning designation. Allows a locality to include provisions in its zoning ordinance that permit the county to require that an approved site plan or final subdivision plan be obtained for the development within a specified period of not less than five years. If no such approval is obtained during the specified period, the locality may rezone the property to its previous zoning designation. However, a locality may not rezone the property if the rezoning would adversely impact the terms of a loan that the property owner has obtained at least one year prior to a proposed locality initiated rezoning. If a locality rezones such property to its previous zoning designation, the locality shall compensate the property owner through use of a tax credit equal to the amount of excess real estate taxes that the landowner has paid due to the higher zoning classification.
Patron - Barlow

F HB1380

Approval of sewage systems. Clarifies that counties and towns may approve a sewage system at a reduced size if it is in the best interest of the locality.
Patron - Albo

F HB1415

Extension of health insurance coverage funded by localities. Provides that the governing body of any locality that self-funds a health insurance program for its officers and employees may extend coverage under such program to any other class of persons as may be mutually agreed upon by the locality and the policyholder.
Patron - Scott, J.M.

F HB1430

Clustering of single-family dwellings; Surry County. Extends the effective date of legislation from the 2006 Session requiring Surry County to provide for the clustering of single-family dwellings and the preservation of open space developments from July 1, 2007, to July 1, 2009. This bill is identical to SB 671.
Patron - Barlow

F HB1432

Virginia Indoor Clean Air Act; restaurants in certain cities. Allows cities with a population of at least 200,000 to adopt ordinances containing standards or provisions relating to smoking in restaurants that exceed those established in the Virginia Indoor Clean Air Act.
Patron - Howell, A.T.

F HB1565

Multicounty/city Transportation District. Creates such district for the purpose of providing funding for transportation projects. Each district member is authorized to have a local option fuel tax of $0.02 per gallon.
Patron - Crockett-Stark

F HB1566

Speed limits in counties. Grants counties certain powers with regard to setting speed limits and performing maintenance along county roads.
Patron - Crockett-Stark

F HB1571

Impact fees. Restores road impact fee provisions to how they existed prior to July 1, 2007, and repeals general impact fee provisions passed during the 2007 Session.
Patron - Hull

F HB1574

Photo-monitoring systems. Provides that any county, city, or town having less than 10,000 residents may install and operate a traffic light signal photo-monitoring system at no more than one intersection for every intersection within such county, city, or town that has an average daily traffic volume of at least 20,000 vehicles per day.
Patron - Hargrove

F SB20

Carbon monoxide detectors in certain buildings. Provides that any locality may, by ordinance, require carbon monoxide alarms be installed in (i) any building containing one or more dwelling units, (ii) any hotel or motel regularly used, offered for, or intended to be used to provide overnight sleeping accommodations, and (iii) any rooming house regularly used, offered for, or intended to be used to provide overnight sleeping accommodations when such structures or buildings contain dwelling units that have an attached garage or carport or are serviced by fuel-fired appliances.
Patron - Edwards

F SB32

Control of firearms; libraries. Provides that localities may adopt an ordinance that prohibits firearms, ammunition, or components or combinations thereof in libraries that are owned or operated by the locality.
Patron - Locke

F SB33

Control of firearms; outdoor theaters, cabarets, carnivals, and fairs. Provides that localities may adopt an ordinance that prohibits firearms, ammunition, or components or combinations thereof at outdoor theaters, cabarets, carnivals, and fairs at which 500 or more persons are authorized to lawfully attend.
Patron - Locke

F SB49

Matters to be considered in drawing and applying zoning ordinances and districts. Provides that zoning ordinances and districts shall be drawn and applied with reasonable consideration for the conservation of environmental resources.
Patron - Whipple

F SB50

Purpose of zoning ordinances. Provides that zoning ordinances shall be designed to give reasonable consideration to conserving natural and environmental resources.
Patron - Whipple

F SB51

Extension of health insurance coverage funded by localities. Provides that the governing body of any locality that self-funds a health insurance program for its officers and employees may extend coverage under such program to any other class of persons as may be mutually agreed upon by the locality and the policyholder.
Patron - Whipple

F SB159

Number of deputies. Requires the number of full-time deputies appointed by the sheriff of a county without a police force to be fixed by the Compensation Board at not less than 10 deputies. The bill further requires the number of full-time deputies appointed by the sheriff of a county or city with a police force to be fixed by the Compensation Board at not less than two.
Patron - McEachin

F SB184

Advertisement of plans; descriptive summary. Provides that no person who received actual written notice pursuant to certain zoning ordinance amendments may challenge the validity of the plan or ordinance, or amendment thereof, due to the insufficiency of, or an error in, the advertisement.
Patron - Herring

F SB196

Storage of hazardous materials. Permits localities to prohibit the initiation of storage of hazardous materials in floodplains five stream miles upstream of an intake for a public water supply. However, the provisions of this bill shall not apply to: (i) operations of the Virginia Department of Transportation or its contractors concerning the construction, reconstruction, or maintenance of highways; or (ii) all Department of Defense facilities and operations.
Patron - Herring

F SB202

Virginia Indoor Clean Air Act; restaurants. Allows localities to adopt ordinances containing standards or provisions relating to smoking in restaurants that meet or exceed those established in the Virginia Indoor Clean Air Act.
Patron - Quayle

F SB300

Dangerous weapons in government facilities. Provides that the governing body of any locality may, by ordinance, make it unlawful for any person to possess a dangerous weapon upon the property, including buildings and grounds thereof, of any facility that is owned or leased by that locality and used by it for governmental purposes.
Patron - Whipple

F SB347

Smoking ban in restaurants; local option. Provides that any locality within Planning District 23 may adopt an ordinance regulating smoking in restaurants.
Patron - Blevins

F SB419

Cable television services. Provides that a municipality currently authorized to provide cable television services may offer such services within the geographic boundaries of Planning Districts 2 and 3. The bill further provides that any locality in either Planning District 2 or 3 may contract with, or issue a franchise to, any public or private provider of cable television services to provide the citizens of such locality with such cable television services.
Patron - Puckett

F SB448

Conservation of trees during the development process for air quality improvement in localities. Provides that localities may, by ordinance, require conservation of trees during the development process. The bill also provides that the tree conservation ordinance may require that the site plan for any subdivision or development provide for the preservation and replacement of trees on the development site such that the minimum tree canopy or tree cover percentage 10 years after development is projected to be as follows: (i) 10 percent tree canopy for a site zoned business, commercial, or industrial; (ii) 10 percent tree canopy for a residential site zoned 20 or more units per acre; (iii) 15 percent tree canopy for a residential site zoned more than 10 but less than 20 units per acre; (iv) 20 percent tree canopy for a residential site zoned more than five but not more than 10 units per acre; and (v) 30 percent tree canopy for a residential site zoned one to five units per acre. Finally, the bill mandates that any tree conservation ordinance provide for reasonable exceptions to or deviations from the canopy requirements. This bill has been incorporated into SB 710.
Patron - Petersen

F SB453

Northern Virginia Transportation Authority. Alters the membership of the Authority to provide for a mayor from a town within a county that is a member of the Authority.
Patron - Petersen

F SB455

Local government authority; registration of non-owner occupied residential dwellings; civil penalty. Authorizes localities to require all non-owner occupied residential dwellings to be registered on an annual basis. Failure to register shall be a $50 civil penalty; however, failure to register in conservation and rehabilitation districts designated by the governing body, or in other areas designated as blighted, is punishable by a civil penalty not exceeding $250.
Patron - Petersen

F SB457

Single lot development; stormwater management. Provides that the developer of a single lot shall provide storm water management where substantial redevelopment of such lot is proposed. Substantial redevelopment" shall be deemed to occur when land-disturbing activities occur on more than 15 percent of the square footage of any single lot.
Patron - Petersen

F SB531

Certain disclosures of real parties in interest. Provides that in any locality that has adopted zoning, every applicant for a special exception, or a special use permit, amendment to the zoning ordinance or variance shall make complete disclosure of the equitable ownership of the real estate to be affected, including, in the case of corporate ownership, the name of stockholders, officers, and directors and in any case the names and addresses of all of the real parties of interest.
Patron - Herring

F SB632

Conservation of trees during the land development process for air quality improvement in certain localities. Provides that certain localities may, by ordinance, require conservation of trees during the development process. The bill also provides that the tree conservation ordinance may require that the site plan for any subdivision or development provide for the preservation and replacement of trees on the development site such that the minimum tree canopy or tree cover percentage 10 years after development is projected to be as follows: (i) 10 percent tree canopy for a site zoned business, commercial, or industrial; (ii) 10 percent tree canopy for a residential site zoned 20 or more units per acre; (iii) 15 percent tree canopy for a residential site zoned more than 10 but less than 20 units per acre; (iv) 20 percent tree canopy for a residential site zoned more than five but not more than 10 units per acre; and (v) 30 percent tree canopy for a residential site zoned one to five units per acre. Finally, the bill mandates that any tree conservation ordinance provide for reasonable exceptions to or deviations from the canopy requirements.
Patron - Ticer

F SB671

Clustering of single-family dwellings; Surry County. Extends the effective date of legislation from the 2006 Session requiring Surry County to provide for the clustering of single-family dwellings and the preservation of open space developments from July 1, 2007, to July 1, 2009. This bill is identical to HB 1430.
Patron - Quayle

F SB724

Hampton Roads and Northern Virginia Transportation Authorities. Repeals the authority of the Hampton Roads and Northern Virginia Transportation Authorities to impose fees or taxes, and provides that each local governing body embraced by the Hampton Roads or the Northern Virginia Transportation Authority may impose the taxes and fees that were previously authorized for imposition by the respective Authorities. All revenues from such local taxes and fees would be required to be transferred to the respective Authority.
Patron - Cuccinelli

F SB755

Virginia Water and Waste Authorities Act. Provides that each political subdivision may adopt, after a public hearing, an ordinance requiring the delivery of all or any portion of the refuse generated or collected within such political subdivision to the refuse collection and disposal system of the authority. The bill also provides that the exercise of such aforementioned power or other certain powers shall not be deemed to cause displacement under the provisions of § 15.2-930, 15.2-934, or 15.2-5121.
Patron - Quayle

Carried Over

C HB356

Impact fees. Provides that the assessment, collection, and imposition of impact fees shall, at the option of the locality, not apply to a subdivision, separation, or split-off of property made pursuant to a family subdivision ordinance, provided that title to the parcels subdivided, separated, or split-off is held in the name of an immediate family member for at least the first 60 months immediately following the subdivision, separation, or split-off.
Patron - Cole

C HB463

Farm wineries. Adds a list of "usual and customary activities" that will be permitted at farm wineries. Also, a winery that receives a judgment from a court of competent jurisdiction in a suit against any local government to enforce the provisions of this section shall be entitled to receive its attorney fees and costs expended in such suit.
Patron - Albo

C HB892

Annexation. Extends from 2010 to 2020 the temporary restriction on city annexation authority, the granting of city charters, and county immunity proceedings.
Patron - Lohr

C HB923

Public schools; financing. Creates the Virginia School Construction Revolving Fund for financing elementary, secondary, or vocational education school projects. This bill incorporates HB 566.
Patron - Rust

C HB1534

Plastic carryout bags. Authorizes a locality to provide that a retail merchant located within its jurisdiction shall not provide to any of its customers at the point of sale any plastic carryout bag in which a product or products purchased by any such customer from such store is placed unless such plastic carryout bag is a durable plastic bag, with handles, that is at least 2.25 mils thick and is specifically designed and manufactured for multiple reuse.
Patron - Barlow

C HB1564

Regional Industrial Facility Authority; Wythe County. Provides that Wythe County may withdraw from Virginia's First Regional Industrial Facility Authority if Wythe County (i) has not voted affirmatively for such regional industrial facility authority to incur debt; (ii) has not entered into any participation agreement with other member localities of the authority obligating itself to pay any debt incurred by the Authority; or (iii) is not otherwise legally obligated to pay any debt incurred by the Authority.
Patron - Crockett-Stark

C HB1573

Central Virginia Regional Transportation Authority. Creates an authority to include the Counties of Chesterfield, Hanover and Henrico, and the City of Richmond. The Authority may also include other localities in the Richmond region. The Authority shall have powers related to transportation infrastructure improvements and shall also have revenue authority. However, the fees and taxes authorized by this Act by the Authority shall only be imposed or assessed by the Authority if (i) at least three of the four governing bodies of the core localities embraced by the Authority that include at least 51 percent of the population of the core localities embraced by the Authority pass a duly adopted resolution stating their approval of such power of the Authority.
Patron - Hall

C SB120

Failure to provide adequate crowd control. Expands existing authority to bring a civil action against a person who negligently fails to provide adequate security or crowd control at events that draw large crowds to include the Town of Blacksburg.
Patron - Edwards

C SB162

Vacant building registration; penalties. Provides for enhanced penalties for failure to register vacant buildings.
Patron - Lucas

C SB163

Derelict structures. Authorizes a locality, by ordinance, to impose on the record owner of a derelict structure, a fee not to exceed the lesser of $2,500 or 15 percent of the most recently assessed value of the derelict structure and the land upon which the structure is situated if such owner or owners fail to (i) respond in writing within 30 days from the date notice declaring such structure derelict is sent with an abatement or removal plan to be completed within a reasonable time or (ii) abate or remove the derelict structure within the time prescribed in a plan for abatement or removal which has been approved by the locality. Also, a locality may provide that any owner or owners of such derelict structure who fail to (i) respond to a notice in writing with an abatement or removal plan or (ii) abate or remove the derelict structure as prescribed in an approved plan, shall be guilty of a misdemeanor punishable by a fine of not more than $2,500. The bill also allows a locality to abate or remove the derelict structure should the owner fail to act; the cost of which shall be a lien on the property. The bill defines derelict structure.
Patron - Lucas

C SB166

Replacement of trees during development process in certain localities. Reduces the maturity date from 20 years to 15 years. The bill also increases the mature canopy coverage from 20 percent to 30 percent for a residential site zoned 10 units or less per acre.
Patron - Lucas

C SB185

Impact fees. Grants general impact fee authority to "high-growth" localities. Any locality that includes within its comprehensive plan a calculation of the capital costs of public facilities necessary to serve residential uses may impose and collect impact fees to cover the costs of issuing permits for residential uses in amounts sufficient to defray all or part of the capital costs of public facilities related to residential development. Impact fees imposed and collected shall only be used for public facilities that are impacted by a particular development project; however, the fees may be used in the general area of the project.
Patron - Herring

C SB519

Board of zoning appeals decisions; costs and fees. Allows the petitioner to be awarded reasonable attorney fees and court costs in a successful action against the board of zoning appeals.
Patron - Watkins

C SB530

Failure to provide adequate crowd control. Expands existing authority to bring a civil action against a person who negligently fails to provide adequate security or crowd control at events that draw large crowds to include all cities and towns.
Patron - Houck

C SB656

Annexation. Extends the current annexation moratorium to 2018.
Patron - Newman

C SB711

Plastic carryout bags. Authorizes a locality to provide that a retail merchant located within its jurisdiction shall not provide to any of its customers at the point of sale any plastic carryout bag in which a product or products purchased by any such customer from such store is placed unless such plastic carryout bag is a durable plastic bag, with handles, that is at least 2.25 mils thick and is specifically designed and manufactured for multiple reuse.
Patron - Quayle

C SB737

Public schools; financing. Creates the Virginia School Construction Revolving Fund for financing elementary, secondary, or vocational education school projects.
Patron - Barker

C SB751

Water and sewer rates of certain towns. Prohibits towns from charging rates for water and sewer service provided to residents of an adjacent county that unreasonably discriminate between customers on the basis of whether services are provided to customers located within or outside the limits of the town, or that provide a cross-subsidy for in-town customers. A town may charge rates for out-of-town customers that are higher than the rates for in-town customers, provided the difference does not exceed 50 percent. Upon receipt of a petition from five percent of the customers who receive service in the county, the Commission on Local Government is authorized to conduct an investigation and analyze the rates, fees and charges. If the Commission determines that the rates, fees and charges assessed by a town do not comply with these requirements, it will notify the county and the town. The county may then petition for the appointment of a special court to set rates for such services.
Patron - Herring

C SB766

Demolition of historic structures and areas; civil penalty. Authorizes a civil penalty for the demolition of a building or structure designated as an historic area, cemetery or grave without the approval of the architectural review board or the governing body of the county. The bill also includes in the amount of the civil penalty the value of a plan for data recovery that has been approved by the Department of Historic Resources. The bill defines "plan for data recovery" as a strategy for retrieving and documenting historical information from an archaeological or architectural resource or resources, a landscape, or a cemetery.
Patron - Colgan

C SB767

Richmond Metropolitan Authority; composition of Board; revenue authority. Revises the composition of the Board of Directors of the Richmond Metropolitan Authority (RMA) and provides an opportunity for additional localities to join the Authority. The RMA is also granted additional revenue authority. However, the fees and taxes authorized by this Act by the Authority shall only be imposed or assessed by the Authority if (i) the member localities approve the restructuring of the Board of Directors of the Authority as proposed by this Act and (ii) a majority of Authority members that include at least 51 percent of the population of the localities embraced by the Authority pass a duly adopted resolution stating its approval of such power of the Authority.
Patron - Watkins

C SB768

Conditional zoning; impact fees. Replaces the current cash proffer system with a system of impact fees. This bill was continued to the 2009 Session of the General Assembly.
Patron - Watkins

C SB777

Sewage and water systems. Provides that the governing body of any county or town that has adopted a master plan for a sewage system is authorized to deny an application for a sewage system if such proposed sewage system does not conform to the comprehensive plan for the county or town. In addition, the governing body of any county notified of the proposed establishment of a water system or of the extension of any existing water system may disapprove the same if it finds that such water system (i) does not conform to the county's comprehensive plan or (ii) is not in the best interests of the inhabitants of the county.
Patron - Hurt

C SB780

Public schools; financing. Creates the Virginia School Construction Revolving Fund for financing elementary, secondary, or vocational education school projects.
Patron - Blevins

C SB783

Tax rates. Requires each locality to fix tax rates for an ensuing year at least 30 days prior to approval of the budget for the ensuing year, with separate public notices and separate public hearings. The bill also requires each locality to lower its real estate tax rate for the forthcoming tax year to produce no more than the previous year's real property tax levies when any annual assessment, biennial assessment, or general reassessment of real property by the locality would result in an increase in the total real property tax levied. The locality may increase the rate above the reduced rate after a public hearing held no sooner than 30 days after the rate reduction. The bill has a delayed effective date of January 1, 2009.
Patron - Martin

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