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Legislative Issues Archive

03.10.14 Preservation Virginia – Website Legislative Archive

Preservation Virginia continues to monitor the following items:

Budget Bill Amendments Included in the House or Senate Budgets

Retained from the Governor’s Introduced Budget and included in both House and Senate budgets:

  • Provide $1,000,000 in additional general fund support each year to the Virginia Land Conservation Fund.  This appropriation is significantly less, however, than outlined in a funding formula passed during the last General Assembly session. As much as $13,000,000 had been expected. 
  • Provide continuation of the Virginia Historical Highway Marker program.  The House and Senate retained the Governor’s proposal to provide $113,000 in general fund resources during each year of the biennium to replace expiring federal funding.

 Amendments to the Governor’s Introduced Budget

 HB 30

Item 369 #lh: This amendment provides $1,000,000 in first year general fund support for the Civil War Historic Site Preservation Fund for grants to be made to private non-profit organizations for the preservation of historic battlefields. Grants made from the fund are matched by federal and other private funds on at least a dollar for dollar basis and grants may be used for either fee simple purchase of historic battlefields or protective interests in such land. The amendment reflects continuing interest in historic battlefields due to the commemoration of the sesquicentennial of the Civil War and its impact on Virginia and the United States.

 

Item 369 #2h: This amendment provides funding for the preservation of Weston Plantation, a structure that was built in the same year as the adoption of the U.S. Constitution and the election of George Washington as the first president of the United States. The building, listed on the National Register of Historic Places, is considered to be a classic example of Virginia Georgian architecture. The building needs a new roof.

Item 468 #2h: This amendment appropriates $2.0 million for the development of the Slavery and Freedom Heritage Site in Richmond contingent upon local commitment of funding and private funding raising success. The language further stipulates that the state may contribute upon to $9.0 million in additional funds for the project upon its completion. The amount that had been appropriated in House Bill 30 as introduced has been reduced to reflect the fact that the project schedule is such that it will not be completed until the fiscal year 2016-18 biennium.

C-41 #1h:  Provides additional funding in the maintenance reserve allocation for use by the Jamestown-Yorktown Foundation.

HB 29

 C-39.40 #1h:  Central Capital Outlay - This amendment authorizes and funds replacement of the General Assembly Building, renovations of Old City Hall, and construction of new parking facilities to service the Capitol Complex. 

SB 29

C-39.40 #4s: Capitol Complex Infrastructure  -  This amendment authorizes and funds replacement of the General Assembly Building, renovations of Old City Hall, and construction of new parking facilities to service the Capitol Complex. 

SB 30

Item 119 #1s: This amendment removes the cap on the payment, in lieu of taxes, that the Fort Monroe Authority pays to the City of Hampton, which would then set the amount based on the provisions of § 2.2-2342.B. of the Code of Virginia.

Historic Preservation

Bill: HB 687 – Building Revitalization Grant Fund

Patron: Torian

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB687

Summary: Establishes the Building Revitalization Grant Fund administered by the Department of Housing and Community Development to award grants of up to $100,000 to businesses that make a capital investment of $1 million in revitalizing or retrofitting existing buildings to serve as a new place of business.

Status: The Appropriations subcommittee on Agriculture, Commerce, Technology, and Natural Resources recommended laying the bill on the table

Position: Preservation Virginia monitored this piece of legislation.

 

Bill: HB 1198 - School buildings; National Register of Historic Places and Virginia Landmarks Register.

Patron: Surovell

Bill Text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB1198

Summary: Requires each local school board to maintain an inventory of all school buildings over 50 years old and determine, in consultation with the Department of Historic Resources, whether each building on the inventory is eligible to be listed on the National Register of Historic Places, the Virginia Landmarks Register, or both. The bill provides that prior to demolishing, transferring, or selling a school building that has been determined to be eligible for the National Register of Historic Places, the Virginia Landmarks Register, or both, the local school board shall solicit public comment and consider alternatives such as renovation, rehabilitation, and adaptive reuse.

Status: Appropriations subcommittee recommended laying the bill on the table

Preservation Virginia Position: Preservation Virginia supported the policies proposed by HB 1198.

Bill: HB 1273 Cemeteries & Gravesites of Virginians Held in Bondage, Advisory Commission to Protect; established.

Patron: Marshall, R.G.

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB1273

Summary: Provides for the Department of Historic Resources to administer a program to provide funds to memorial associations created for the caring of graves of Virginians held as slaves at the time of their deaths or cemeteries containing such graves. The bill also establishes a temporary Advisory Commission to Protect Cemeteries and Gravesites of Our Fellow Virginians Held in Bondage As Slaves to develop a list of memorial associations that are responsible or have taken responsibility for the care of the graves of Virginians held as slaves at the time of their deaths or cemeteries containing such graves.

Status: Tabled in Agriculture, Chesapeake, and Natural Resources Subcommittee on Agriculture

 

Bill: SB 106 – Building Revitalization Grant Fund

Patron: Stanley

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+SB106

Summary: Establishes the Building Revitalization Grant Fund administered by the Department of Housing and Community Development to award grants of up to $100,000 to businesses that make a capital investment of $1 million in revitalizing or retrofitting existing buildings in the Commonwealth to serve as a new place of business. This bill is a recommendation of the Virginia Housing Commission.

Status: Appropriations subcommittee on Agriculture, Commerce, Technology, and Natural Resources recommended laying the bill on the table

Position: Preservation Virginia monitored this piece of legislation.

 

Land Preservation

 

Bill: HB 16 – Shenandoah National Park, Commission on Reconveyance of; established, report.

Patron: Marshall, R.G.

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB16

Summary: Creates the Commission on the Reconveyance of Shenandoah National Park to develop recommendations regarding any proposed reconveyance of Shenandoah National Park by the United States government to the Commonwealth. The bill authorizes the Governor to accept a proposed reconveyance and to establish as a state park any lands conveyed. The act establishing the Commission will not become effective unless an appropriation of funds effectuating the purpose of the act is included in the general appropriation act passed during the 2014 Regular Session of the General Assembly that becomes law.

Status: Tabled in Rules Committee

 

Bill: SB 92 – Virginia Polytechnic Institute and State University; preservation of Stadium Woods property

Patron: Edwards

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+SB92

Summary: Prohibits the Virginia Polytechnic Institute and State University Board of Visitors from transferring, building on, or otherwise disposing of the property known as Stadium Woods that includes 11.3 acres of old growth white oak forest owned and possessed by the University and that is adjacent to the east side of Lane Stadium.

Status: Passed by Indefinitely in Education and Health

 

Bill: SB 568 – Land preservation tax credit; retention of qualified mineral interest

Patron: Stuart

Bill Text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+SB568

Summary: Disallows a tax credit for the donation of an interest in land, including the donation of a conservation easement, where the donor retains a qualified mineral interest as defined by IRS regulations.

Status: Passed by Indefinitely in Finance Committee

 

Zoning and Land Use

 

Bill: HB 208 – Vested rights

Patron: Marshall, D.W.

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB208

Summary: Amends the existing vested rights statute by clarifying that structures that meet certain conditions shall be considered nonconforming. Additional changes make clear that a requirement under existing law to bring certain structures into compliance with the Uniform Statewide Building Code shall not affect the nonconforming status of those structures.

Status: Passed Both Chambers; Bill text as passed http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB208ER

 

Bill: HB 738 - Conservation easements; agreements to obtain land, consent required, inverse condemnation.

Patron: Lingamfelter

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB738

Summary: Provides that where the Commonwealth or any political subdivision possessing the power of eminent domain enters into an agreement to obtain a conservation easement, the Commonwealth shall first obtain the consent of all private landowners whose property would be subject to such easement, and any such landowner whose consent is not obtained shall have a cause of action against the Commonwealth for inverse condemnation.

Status: Continued to the 2015 General Assembly Session

Position: Preservation Virginia monitored this piece of legislation.

 

Bill: HB 756 – Repair of nonconforming billboards

Patron: Rust

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB756

Summary: Revises and updates statutory requirements pertaining to the maintenance and repair of nonconforming billboards.

Status: Continued to the 2015 General Assembly Session

Position: Preservation Virginia monitored this piece of legislation.

 

Bill: SB 63 – Uniform Statewide Building Code; accessible units

Patron: Puller

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+SB63

Summary: Requires the Board of Housing and Community Development to revise the Uniform Statewide Building Code to require that at least 10 percent of all dwelling units, but in no case less than one dwelling unit, in any newly constructed multifamily residential building shall be affordable, accessible units designed and constructed in a manner that satisfies the criteria for Type A units, in accordance with ANSI A117.1. Currently, at least two percent of dwelling units, but in no case less than one dwelling unit, in any multifamily residential building must be Type A units. The bill is a recommendation of the Virginia Disability Commission.

Status: Passed by Indefinitely in General Laws and Technology Committee

 

Local Government

 

Bill: HB 199 – Legislation affecting local government expenditures or reductions

Patron: Landes

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB199

Summary: Requires the Division of Legislative Services to identify and forward to the Commission on Local Government (Commission) joint resolutions introduced calling for a study of local government expenditures or revenues. The bill also authorizes the Department of Planning and Budget and the Department of Taxation to forward to the Commission bills introduced requiring additional local government expenditures or a reduction in local government revenues.

Status: Passed Both Chambers; Bill text as passed http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB199ER

 

Bill: HB 158 – Annexation Moratorium Statute; continuation of the moratorium on annexation by cities.

Patron: Minchew

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB158

Summary: Extends the temporary restrictions on granting city charters, filing annexation notices, and instituting annexation proceedings and county immunity proceedings until July 1 following the 2014-2016 biennium. The bill also excepts towns with a population of 40,000 or more from the moratorium on the granting of city charters.

Status: Stricken from docket in Counties, Cities, and Towns Committee

 

Bill: SB 241 – Development rights; locality may designate specific receiving areas for specific sending areas

Patron: Stuart

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+SB241

Summary as Introduced: Provides that a locality may designate specific receiving areas for specific sending areas. Also, a locality may require that development comply with any locality-adopted architectural standards for the receiving area in which the development shall occur.

Summary as Passed: Provides that a locality may require that development comply with any prior locality-adopted neighborhood design standards identified in the comprehensive plan for the receiving area in which the development shall occur.

Status: Passed Both Chambers; Bill text as passed http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+SB241ER

 

Bill: SB 312 – Annexation Moratorium Statute; continuation of the moratorium on annexation by cities.

Patron: Vogel

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+SB312

Summary as Introduced: Extends the temporary restrictions on granting city charters, filing annexation notices, and instituting annexation proceedings and county immunity proceedings until July 1 following the 2014-2016 biennium. The bill also excepts towns with a population of 40,000 or more from the moratorium on the granting of city charters, and it permits a county that includes a town with a population of 40,000 or more to seek immunity from annexation.

Summary as Passed: Extends the temporary restrictions on granting city charters, filing annexation notices, and instituting annexation proceedings and county immunity proceedings until July 1 following the 2014-2016 biennium.

Status: Passed Both Chambers; Bill text as passed http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+SB312ER

 

Bill: SB 374 – Neighborhood revitalization; locality may adopt a program to establish, etc.

Patron: Marsh

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+SB374

Summary: Provides that a locality may by ordinance adopt a program to establish and impose an annual blighted property assessment fee on real properties that have remained vacant for one year or longer if the property has been permitted by the owner to deteriorate to the extent that it has become detrimental to the public health, safety, or welfare of the locality or surrounding area and has contributed to the reduction of surrounding property values.

Status: Continued to 2015 General Assembly Session

 

Taxation

 

Bill: HB 187 – Real and personal property tax exemption; aviation museum

Patron: Knight

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB187

Summary as Introduced: Permits any locality to exempt any real or personal property the legal title to which is not held by a nonprofit entity but is subject to the sole use and occupancy of a nonprofit entity, as long as the nonprofit entity uses such property solely to (i) exhibit or display certain military aircraft to the general public or (ii) use such aircraft for educational purposes.

Summary as Passed: Permits any locality to exempt any real or personal property the legal title to which is not held by a nonprofit entity but is subject to the sole use and occupancy of a nonprofit entity, as long as the nonprofit entity uses such property solely to (i) exhibit or display certain military aircraft to the general public or (ii) use such aircraft for educational purposes. The bill is identical to SB 508.

Status: Passed Both Chambers; Approved by the Governor; Bill text as passed http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB187ER

 

Bill: HB 224 – Real estate with delinquent taxes

Patron: McQuinn

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB224

Summary: Changes the criteria for transferring certain tax-delinquent real property to localities through a special commissioner in the Cities of Norfolk, Richmond, Hopewell, Newport News, Petersburg, and Hampton by reducing the percentage of taxes and liens from exceeding 35 percent to 20 percent and of taxes alone from 15 percent to 10 percent, respectively, and including parcels with an assessed value of $100,000 or less.

Status: Tabled in Finance Subcommittee # 1

 

Bill: HB 406 – Joint Subcommittee to Evaluate Tax Preferences

Patron: Toscano

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB406

Summary: Requires the Joint Subcommittee to report to the General Assembly annually by October 1 its recommendations with regard to existing tax preferences. The bill provides for the Joint Subcommittee to adopt an initial schedule for reviewing Virginia's tax preferences by October 1, 2014, and to update the schedule by October 1 of each year thereafter, as necessary, for purposes including but not limited to incorporating newly enacted tax preferences. The bill also provides that performance measures established by the Joint Subcommittee for economic development tax preferences require the creation or maintenance of a minimum number of new full-time jobs for which (i) the average wages are at least equal to the prevailing average wage in the county or city in which the economic development project is located, and (ii) standard fringe benefits are paid or provided by the employer.

Status: Subcommittee recommended laying the bill on the table

Position: Preservation Virginia monitored this piece of legislation

 

Bill: HB 431 – State and local tax reform; study; report

Patron: LeMunyon

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB431

Summary: Creates a joint legislative subcommittee to perform a two-year study on reforming state and local taxes. The joint subcommittee will assume the tasks of the Joint Subcommittee to Evaluate Tax Preferences, which the bill dissolves.

Status: Subcommittee recommended laying the bill on the table

Position: Preservation Virginia monitored this piece of legislation

 

Bill: HB 499 – Real property tax; nonjudicial sale of certain delinquent property

Patron: Yost

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB499

Summary: Reduces the number of years of delinquency in payment of taxes from five years to three years before a locality may sell real property that (i) measures less than 4,000 square feet or (ii) is determined to be unsuitable for building.

Status: Passed Both Chambers; Approved by Governor; Bill text as passed http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB499ER

 

Bill: HB 875 - Real property tax; sale of certain tax delinquent property.

Patron: Yancey

Bill Text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB875

Summary: Provides that a locality may condition the sale of certain tax delinquent real property on the purchaser's investing a certain amount in improvements to the property, provided that in determining surplusage accruing to the locality, the proceeds of the sale shall be increased by such amount.

Status: Stricken from docket in Finance Committee

 

Bill: HB 995 – Income tax and sales and use tax; expiration dates for credits and exemptions

Patron: Hugo

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB995

Summary: Places two-year expiration dates on various income tax credits and sales and use tax exemptions, including the Historic Rehabilitation Tax Credit. The revenue attributable to the expiration of these credits and exemptions shall be used to lower the corporate income tax rate.

Status: Delegate Hugo’s bill has been continued to 2015 General Assembly Session.  No vote will be taken on this bill during the 2014 General Assembly.

 

Bill: HB 1179 – Proposals for neighborhood assistance tax credits; emergency

Patron: Hugo

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB1179

Summary: Allows neighborhood organizations to submit the required financial audit, review, or compilation within the 30-day period immediately following any deadline established for the submission of neighborhood organization proposals for tax credits. So long as the proposal was otherwise complete by the deadline, the proposal would be timely filed if the audit, review, or compilation is submitted within such 30-day period. The bill contains an emergency clause. This bill is identical to SB 591.

Status: Passed Both Chambers; Approved by Governor; Bill text as passed http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB1179ER

 

Bill: SB 508– Real and personal property tax exemption; aviation museum

Patron: Wagner

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+SB508

Summary as Introduced: Permits any locality to exempt any real or personal property the legal title to which is not held by a nonprofit entity but is subject to the sole use and occupancy of a nonprofit entity, as long as the nonprofit entity uses such property solely to (i) exhibit or display certain military aircraft to the general public or (ii) use such aircraft for educational purposes.

Summary as Passed: Permits any locality to exempt any real or personal property the legal title to which is not held by a nonprofit entity but is subject to the sole use and occupancy of a nonprofit entity, as long as the nonprofit entity uses such property solely to (i) exhibit or display certain military aircraft to the general public or (ii) use such aircraft for educational purposes. The bill is identical to HB 187.

Status: Passed Both Chambers; Approved by the Governor; Bill text as passed http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+SB508ER

 

Bill: SB 591- Neighborhood assistance tax credits; proposals, emergency.

Patron: Barker

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+SB591

Summary: Allows neighborhood organizations to submit the required financial audit, review, or compilation within the 30-day period immediately following any deadline established for the submission of neighborhood organization proposals for tax credits. So long as the proposal was otherwise complete by the deadline, the proposal would be timely filed if the audit, review, or compilation is submitted within such 30-day period. The bill contains an emergency clause. This bill is identical to HB 1179.

Status: Passed Both Chambers; Approved by the Governor; Bill text as passed http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+SB591ER

 

Misc.

 

Bill: HB 131 – Chesapeake Bay; voluntary tax contributions for restoration, report.

Patron: Lingamfelter

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB131

Summary as Introduced: Requires the Secretary of Natural Resources to submit a report to the committees of oversight and the Virginia delegation to the Chesapeake Bay Commission by November 1 of each year describing how the moneys from the voluntary income tax check-off for Chesapeake Bay restoration activities were expended. The bill requires the report to be posted on a website maintained by the Secretary of Natural Resources, along with a cumulative listing of previous grants.

Summary as Passed: Requires the Secretary of Natural Resources to submit a report to the committees of oversight and the Virginia delegation to the Chesapeake Bay Commission by November 1 of each year describing how the moneys from the voluntary income tax check-off for Chesapeake Bay restoration activities were expended. The bill requires the report to be posted on a website maintained by the Secretary of Natural Resources, along with a cumulative listing of previous grants, beginning with awards granted on or after July 1, 2014.

Status: Passed Both Chambers; Approved by Governor; Bill text as passed http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB131ER

 

Bill: HB 663 – Technical correction; judicial sale of real estate

Patron: Brink

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB663

Summary: Removes obsolete language that referred to the judicial sale of abandoned real estate. The term "abandoned" is no longer used to describe any class of real estate in Title 58.1.

Status: Passed Both Chambers; Approved by Governor; Bill text as passed http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+HB663ER