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Legislative Issues Archive

Preservation Virginia

2016 General Assembly Legislative Update and Archive

The General Assembly adjourned Sine Die on March 11, 2016.  This completes the 2016 regular legislative session.  The General Assembly will reconvene on April 20, 2016 to consider vetoes and amendments recommended by Governor McAuliffe. 

The House and Senate budget conference committee produced a budget conference report that reconciled the competing budget bills.  Both the House and Senate agreed to the report prior to the close of session.  Budget amendments of interest retained in the conference report are included below.  The budget conference report is subject to gubernatorial action like any other piece of legislation.   

Preservation Virginia’s bill list is curtailed in this action alert – only priority bills that passed the General Assembly are included here.  Additional bills under review are available on Preservation Virginia’s website in the legislative archive.  

Preservation Virginia will send out another Legislative Update after the April 20th reconvened session.  If action is necessary in the meantime, you will be notified through a separate alert.

 

Budget Update

Before Adjourning Sine Die, the House and Senate agreed to a conference report including the following amendments to the budget bill:

Item 91 #4c: This amendment is part of a series of amendments to reduce public general fund expenditures on land acquisition programs. ($1 million dollar reduction each year)

Item 124 #1c: This amendment includes language under the Fort Monroe Authority (FMA) to clarify that the payments authorized in the Appropriation Act from FMA to the city of Hampton payment constitutes the full amount for payment in lieu of taxes; and to clarify that the Chamberlin Hotel should have reverted to the state when other surrounding property reverted.

Item 238 #1c: This amendment provides additional funds to support planning initiatives to commemorate the 400th anniversary of four landmark events in Virginia and the nation's history. These funds are allocated under the newly established agency code for Commemorations that is separate from the ongoing operating budget of the Jamestown-Yorktown Foundation. The planning cycle is condensed and the scope and scale of the 2019 Commemoration will rely on public-private partnerships. Resources will allow for staff support for the Steering Committee, awareness building initiatives, development of education services, events, marketing campaigns, state wide and national engagement, and partnerships and sponsorship programs. Of these totals, $641,300 the first year and $878,000 the second year are for commemoration staffing needs and $2.9 million the first year and $6.1 million the second year support the tourism partnership with the Virginia Tourism Corporation, including kick-off events, outreach, and advertising.

Item 365 #6c: This amendment is part of a series of amendments to reduce public general fund expenditures on land acquisition programs. ($8 million dollar reduction each year)

Item 376 #1c: This amendment removes funding for a new easement coordinator position that had been included in House Bill/Senate Bill 30 as introduced.

Item 376 #2c: This amendment is part of a series of amendments that reduce general fund expenditures for land acquisition programs. ($1 million reduction each year)

Item 476 #3c: This amendment eliminates duplicative funding included in the introduced budget of $2.0 million from the general fund in fiscal year 2017 for development of the Slavery and Freedom Heritage Site in Richmond. Funding of $2.0 million for the project is included in the fiscal year 2016 appropriation and the funds have not yet been accessed. The amendment in the introduced budget was intended to ensure the original funding would remain available.

 

Bonds

Bill: HB 1344 – Bonds; certain capital projects

Patron: Jones

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+HB1344H2

Summary: Authorizes the Virginia Public Building Authority and the Virginia College Building Authority to issue bonds in a total aggregate amount not to exceed $1,504,400,000 plus costs to fund certain capital projects.

Status: Passed House and Senate with a provision that allocates $5.25 million to Fort Monroe to turn the library into a visitor center

Position: Preservation Virginia is monitoring this bill.

 

Electrical Transmission Lines

Bill: HB 283 – Electrical transmission line siting; hearing requested by locality.

Patron: Minchew

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+HB283

Summary: Requires the State Corporation Commission (SCC) to hold at least one hearing in the area that would be affected by construction of an electrical transmission line of 138 kV or more, upon the request of the governing body of any county or municipality through which the line is proposed to be built. Currently the SCC is required to conduct a hearing in the affected area if requested by 20 or more interested parties. The measure also provides that the affected localities are given the same protections whenever a significantly different route is deemed desirable by the SCC.                 

Status: Approved by the Governor with an effective date of 7/1/16

Position: Preservation Virginia  supports this bill.

Bill: SB 136 – Electrical transmission line siting; SCC to hold hearing when requested by locality.

Patron: Favola

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+SB136

Summary: Requires the State Corporation Commission (SCC) to hold at least one hearing in the area that would be affected by construction of an electrical transmission line of 138 kV or more, upon the request of the governing body of any county or municipality through which the line is proposed to be built. Currently the SCC is required to conduct a hearing in the affected area if requested by 20 or more interested parties. The measure also provides that the affected localities are given the same protections whenever a significantly different route is deemed desirable by the SCC.

Status: Approved by the Governor with an effective date of 7/1/16

Position: Preservation Virginia supports this bill.

 

Land Bank Entities Act

Bill: HB 268 – Land Bank Entities Act; established.

Patron: D. Marshall

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+HB268

Amendments: http://lis.virginia.gov/cgi-bin/legp604.exe?161+amd+HB268AH

Summary: Authorizes the establishment of a land bank entity by any locality or two or more localities combined to assist in addressing vacant, abandoned, and tax-delinquent real properties. Under the bill, after a referendum has been held on the question of creating a land bank entity, the locality has the option of (i) creating an authority or a nonprofit, nonstock corporation or (ii) designating an existing nonprofit entity that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code and eligible to receive donations from a locality pursuant to § 15.2-953 to carry out the functions of such land entity. The bill provides that land bank entities may acquire real property within participating localities or receive transfers and conveyances from the participating localities. Land bank entities are authorized to receive funding through grants and loans from participating localities, the Commonwealth, the federal government, and other public and private sources. In addition, the bill authorizes a locality to deem paid in full all accumulated taxes, penalties, interest, and other costs on any tax-delinquent property in exchange for conveyance of the property by the owner to a land bank entity. The bill also authorizes a participating locality to remit to the land bank entity up to 50 percent of the real property taxes collected on real property conveyed by a land bank entity for up to 10 years after the conveyance. This bill is a recommendation of the Virginia Housing Commission.              

Status: Passed House and Senate

Position: Preservation Virginia is monitoring this bill.

Bill: SB 414 – Land Bank Entities Act.

Patron: Barker

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+SB414

Amendments: http://lis.virginia.gov/cgi-bin/legp604.exe?161+amd+SB414AS

Summary: Authorizes the establishment of a land bank entity by any locality or two or more localities combined to assist in addressing vacant, abandoned, and tax-delinquent real properties. Under the bill, after a referendum has been held on the question of creating a land bank entity, the locality has the option of (i) creating an authority or a nonprofit, nonstock corporation or (ii) designating an existing nonprofit entity that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code and eligible to receive donations from a locality pursuant to § 15.2-953 to carry out the functions of such land entity. The bill provides that land bank entities may acquire real property within participating localities or receive transfers and conveyances from the participating localities. Land bank entities are authorized to receive funding through grants and loans from participating localities, the Commonwealth, the federal government, and other public and private sources. In addition, the bill authorizes a locality to deem paid in full all accumulated taxes, penalties, interest, and other costs on any tax-delinquent property in exchange for conveyance of the property by the owner to a land bank entity. The bill also authorizes a participating locality to remit to the land bank entity up to 50 percent of the real property taxes collected on real property conveyed by a land bank entity for up to 10 years after the conveyance. This bill is a recommendation of the Virginia Housing Commission.

Status: Approved by the Governor with an effective date of 7/1/16

Position: Preservation Virginia is monitoring this bill.

 

Land Use

Bill: HB 367 - Nonconforming uses; unlawful use of subject property, etc.

Patron: Davis

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+HB367

Senate Amendment: http://lis.virginia.gov/cgi-bin/legp604.exe?161+amd+HB367AS

Summary: Provides that a locality may by ordinance provide that an otherwise unlawful use of a subject property shall be a lawful nonconforming use if (i) the land use on a subject property has operated continuously for at least 15 years, (ii) there have been no building code or other local code violations or complaints arising out of the land use from neighboring property owners or other impacted parties, and (iii) all local taxes related to the property and business have been paid in a timely manner.

Status: Passed House and Senate; Governor’s Action Deadline is Midnight, Monday, April 11, 2016

Position: Preservation Virginia is monitoring this bill.

Bill: SB 549 – Conditional Zoning

Patron: Obenshain

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+SB549

Substitute text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+SB549S1

Floor Substitute text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+SB549S2

House Substitute text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+SB549H1

Summary: Provides that no locality shall (i) request or accept any unreasonable proffer in connection with a rezoning or a proffer condition amendment as a condition of approval of a new residential development or new residential use or (ii) deny any rezoning application, including an application for amendment to an existing proffer, for a new residential development or new residential use where such denial is based on an applicant’s failure or refusal to submit, or remain subject to, an unreasonable proffer. A proffer shall be deemed unreasonable unless it addresses an impact that is specifically and uniquely attributable to a proposed new residential development or other new residential use applied for.  An off-site proffer shall be deemed unreasonable pursuant to the above unless it addresses an impact to an off-site public facility, such that, (a) the new residential development or new residential use creates a need, or an identifiable portion of a need, for one or more public facility improvements in excess of existing public facility capacity at the time of the rezoning or proffer condition amendment, and (b) each such new residential development or new residential use applied for receives a direct  and material benefit from a proffer made with respect to any such public facility improvements.  In any action in which a locality has denied a rezoning or an amendment to an existing proffer and the aggrieved applicant proves by a preponderance of the evidence that it refused or failed to submit, or remain subject to, an unreasonable proffer that it has proven was suggested, requested, or required, formally or informally, by the locality, the court shall presume, absent clear and convincing evidence to the contrary, that such refusal or failure was the controlling basis for the denial. The bill also provides that certain conditional rezoning proffers related to building materials, finishes, methods of construction, or design features on a new residential development are prohibited.

Status: Approved by the Governor with an effective date of 7/1/16

Position: Preservation Virginia is monitoring this bill.

 

Limited Residential Lodging Act

Bill: SB 416 - Limited Residential Lodging Act; established, records available only in response to written request.

Patron: Vogel

Bill text:  http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+SB416

Substitute text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+SB416S1

House Substitute text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+SB416H1

Summary: Establishes the Limited Residential Lodging Act (the Act), which allows property owners to rent out their homes or portions thereof for charge for periods of less than 30 consecutive days or do so through a hosting platform, under certain circumstances. The hosting platform may register with the Department of Taxation, in which case the hosting platform is responsible for the collection and remittance of all applicable taxes on behalf of the property owner. The bill defines "limited residential lodging," "booking transaction," and "hosting platform" and provides for penalties for violations of the Act.

Status: Passed House and Senate

Position: Preservation Virginia is monitoring this bill.

 

03.14.16 Preservation Vrigina - Website Legislative Archive

Preservation Virginia continues to monitor the following items:

Budget Bill Amendments Included in the House or Senate Budgets

Retained in Governor’s Introduced Budget by both House and Senate Budget Committees:

  • Bond Package Funding for Virginia’s State Parks (SB 731/HB1344)
  • Funding to provide enhancements and repairs at select state parks remained in the Senate Bond Package but was removed in the House Bond Package.

Retained in Governor’s Introduced Budget by House Budget Committee:

  • Appropriations for the Virginia Battlefield Preservation Fund
  • The House Budget Committee maintained the $2 million from the general fund appropriated each year to the Virginia Battlefield Preservation Fund
  • Appropriations for the Virginia Land Conservation Fund
  • The House Budget Committee maintained the $16 million from the general fund appropriated each year to the Virginia Land Conservation Fund.

Added to Governor’s Introduced Budget by both House and Senate Budget Committees:

  • Appropriations for the Jamestown-Yorktown Foundation (2019 Commemoration)
  • The House and Senate Budget Committees included funding to support the 2019 Commemoration initiatives.

Added to Governor’s Introduced Budget by Senate Budget Committee:

  • Appropriations for the Jamestown-Yorktown Foundation
  • The Senate Budget Committee included funding for additional operating costs for a new Yorktown facility.

Removed from Governor’s Introduced Budget by both House and Senate Budget Committees:

  • Increase for Department of Historic Resources
  • Both the House and Senate Budget Committees removed the $94,311 appropriated each year for an additional Easement Coordinator.

Appropriation For Slavery and Freedom Heritage Site

  • The House and Senate Budget Committees removed $2 million, duplicate funding, for the development of the Slavery and Freedom Heritage Site in Richmond. Funding of $2.0 million for the project is included in the fiscal year 2016 appropriation and the funds have not yet been accessed. The amendment in the introduced budget was intended to ensure the original funding would remain available.

Removed from Governor’s Introduced Budget by Senate Budget Committee:

  • Appropriations for the Virginia Battlefield Preservation Fund
  • The  Senate Budget Committee removed $2 million from the general fund appropriated each year to the Virginia Battlefield Preservation Fund
  • Appropriations for the Virginia Land Conservation Fund
  • The Senate Budget Committee removed $8 million of the proposed $16 million from the general fund will be appropriated each year to the Virginia Land Conservation Fund.

 Governor’s Budget Items

Governor McAuliffe recently released his proposed budget for the 2016-2018 biennium.  Preservation Virginia has analyzed the Governor’s proposed budget and wishes to highlight several key items:

  • Increase for Department of Historic Resources
  • Appropriations for the Virginia Battlefield Preservation Fund
  • $2 million from the general fund will be appropriated each year to the Virginia Battlefield Preservation Fund
  •  Appropriations for the Virginia Land Conservation Fund
  • $16 million from the general fund will be appropriated each year to the Virginia Land Conservation Fund
  • $2 million from nongeneral funds will be appropriated each year to the Virginia Land Conservation Fund to be distributed by the Virginia Land Conservation Foundation
  • Bond Package Funding for Virginia’s State Parks
  • $140 million for state parks, including funding to fully develop the previously created Biscuit Run and Widewater state parks, and provide enhancements and repairs at parks statewide

Member Budget Amendments

In addition to the Governor’s introduced budget amendments, the House and Senate have respectively proposed the following amendments to the budget bill:

House:

Item 237 #1h: This amendment requests additional funding to support information technology infrastructure requirements and marketing efforts for the new Yorktown museum.

Item 238 #1h: This amendment requests additional funding to support the 2019 Commemoration initiatives.

Item 376 #1h: This amendment provides $500,000 each year from the general fund as a matching grant for charitable contributions, local funds, earned income and other private funds received by the Shenandoah Valley Battlefields Foundation for the preservation, interpretation and development of Civil War Battlefields in the Shenandoah Valley.

Item 376#2h: This amendment provides $50,000 each year for the Historic Jamestowne Church Tower repair through Preservation Virginia.  The condition of the church on Jamestowne Island has been stabilized.  This funding, when combined with private fundraising dollars, will protect the tower from the weather and complete the renovation in advance of the 2019 400th Anniversary Celebration.

Senate:

Item 119 #1s:  (SB 29) This amendment would provide $500,000 in Fiscal Year 2016 as seed money for the Education and Orientation Center at Historic Ft. Monroe. This money would go toward renovation of the Post Library with the goal of completing renovations by 2019 for the 400th Birthday of the Landing of the African Americans.

Item 238 #1s: This amendment provides additional funds to support the 2019 Commemoration Steering Committee and planning initiatives to commemorate the 400th anniversary of four landmark events in Virginia and the nation's history. The planning cycle is condensed and the scope and scale of the 2019 Commemoration will relay on public-private partnerships. Resources will allow for staff support for the Steering Committee, awareness building initiatives, development of education services, events, marketing campaigns, statewide and national engagement, and partnerships and sponsorship programs.

Item 376 # 3s: This amendment provides $500,000 GF in each year for the Shenandoah Valley Battlefields Foundation.

 

Derelict Buildings

Bill: HB 1307 – Vacant building; locality may by ordinance establish certain criteria

Patron: Herring

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+HB1307

Summary: Provides that a locality may by ordinance establish alternative criteria in determining which buildings are subject to its vacant building registration program. Currently, a building must meet an existing definition of "derelict building."         

Status: Counties, Cities and Towns Subcommittee # 2 recommends laying the bill on the table

 

Bill: SB 481 - Vacant building registration.

Patron: Ebbin

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+SB481

Summary: Requires either that a vacant building be vacant for 12 months or that it meet the definition of "derelict building" under § 15.2-907.1 before cities and certain towns may require the building's owner to register it and pay an annual registration fee. Current law requires that such a building comply with both the vacancy period and the definition of "derelict building."

Status: Passed byindefinitely in Local Government

 

Electrical Transmission Lines

Bill: HB 908 - Electrical transmission lines; SCC to consider impact on historic resources.

Patron: Minchew

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+HB908

Summary: Requires the State Corporation Commission (SCC), prior to approving the construction of any electrical transmission lines of 138 kV or more, to determine that the corridor or route chosen for the line will avoid any adverse impact on the scenic assets, historic resources, and environment of the area concerned. If the SCC determines that no route or corridor exists that can avoid any such adverse impact, the SCC is directed to choose the corridor or route that minimizes such adverse impacts to the greatest extent reasonably practicable. Currently, the SCC is required to determine that such a line's corridor or route will reasonably minimize adverse impact on the scenic assets, historic districts, and environment of the area concerned.

Status: Continued to 2017 Session and Assigned to the Special Joint Energy Subcommittee by voice vote

Position: Preservation Virginia supports this bill. This bill will help protect historic resources when proposed routes for electrical transmission lines are considered by the State Corporation Commission (SCC). Preservation Virginia will continue to remain engaged on this legislation, monitoring the activity of the Special Joint Energy Subcommittee this summer.

 

Historic Preservation

Bill: HB 122 – Preservation of History of Formerly Enslaved African Americans in VA., Commission on; established.

Patron: McQuinn

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+HB122

Summary: Establishes an 11-member legislative commission to identify the history of formerly enslaved African Americans in Virginia and determine ways to preserve the history for educational and cultural purposes. Among other things, the Commission shall promote the identification, preservation, and conservation of historic sites significant to the history, presence, and contributions of formerly enslaved African Americans in Virginia; identify the contributions of African Americans to Virginia, the nation, and the world and recommend options to begin resolving lingering societal problems whose origins began with the institution of slavery; identify historical sites significant to the history of formerly enslaved African Americans in Virginia; and recommend ways to increase tourism and revenues associated with such sites. The Commission shall submit its findings and recommendations to the Governor and the 2019 Session of the General Assembly. The provisions of the bill are contingent on funding in a general appropriation act.

Status: Left in Appropriations Committee

Bill: HJ 132 - Commending the National Historic Preservation Act.

Patron: Lopez

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+HJ132

Summary: Commending the National Historic Preservation Act

Status: Agreed to by House by voice vote and Agreed to by Senate by voice vote

Bill: SB 3 – Building Revitalization Grant Fund; created, report.

Patron: Stanley

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+SB3

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 at least $1 million in revitalizing or retrofitting an existing building in the Commonwealth to serve as a new place of business. This bill is a recommendation of the Housing Commission.

Status: Continued to 2017 in General Laws and Technology (15-Y 0-N)

 

Jamestown-Yorktown Foundation

Bill: HB 807 - Jamestown-Yorktown Foundation; planning, coordination, and implementation of 400th anniversary.

Patron: Cox

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+HB807

Summary: Requires all agencies and institutions of the Commonwealth, upon request, to designate liaisons and provide advice and assistance to the Jamestown-Yorktown Foundation for the planning, coordination, and implementation of the 400th anniversary of landmark events in Virginia's history in 2019. The bill permits the Jamestown-Yorktown Foundation, with the prior written approval of the Governor, to perform the following actions directly relating to the planning, coordination, and implementation of the 400th anniversary of landmark events in Virginia's history in 2019: (i) solicit and accept donations of materials and services to defray expenses; (ii) retain all nongeneral funds, including previous interfund transfers to central agencies, for expense reimbursement and identified savings; (iii) procure, with the maximum delegated authority available to any executive branch agency or institution in the Commonwealth, any goods and services with which there are minimum procurement requirements associated; (iv) consider all position levels, which may fluctuate depending upon workload and funding availability, for reference only; (v) receive assistance and advice from agencies and institutions of the Commonwealth without charge; and (vi) contact international, national, interstate, state, regional, and local elected and appointed officials. 2019 marks the 400th anniversary of the meeting of the first representative legislative assembly in the New World, known then as the House of Burgesses and being the antecedent of today's Virginia General Assembly, the oldest legislative body in the western hemisphere, and marks the 400th anniversary of other milestones in Virginia's and the nation's history, including the arrival of the first Africans to British America, the Virginia Company of London's attempt to expand the colony by recruiting a group of single women to send to Virginia, and observance of a service of Thanksgiving held at Berkeley Plantation. The bill has an expiration date of July 1, 2020.

Status: Passed House and Senate; Approved by the Governor on March 1, 2016

 

Land Preservation

Bill: HB 1385 – Land preservation tax credit; application for credits prior to any donation

Patron: Webert

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+HB1385

Summary: Provides that beginning January 1,2017, a donor will be given the option to apply to the Department of Taxation for land preservation tax credits prior to making any donation of land. The Tax Commissioner, in general, will be required to provide such donor with a determination letter within 120 days of a complete application that (i) reserves such tax credits,in whole or in part, for subsequent issuance to the donor or (ii) denies the donor's application for tax credit. After the Tax Commissioner's determination letter, the donor may complete the conveyance of the donation and in such case will provide the Department with certified copies of the recorded deeds and instruments conveying the donation. The Department will then provide the donor with a written certification issuing the tax credits that were previously reserved. If the Tax Commissioner issues land preservation tax credits to a donor who elected to apply for the credits prior to making any donation, the fair market value of the donation will thereafter not be subject to dispute, except upon a showing of fraud or the misrepresentation of a material fact.          

Status: Tabled in Finance Subcommittee # 3

Position: Preservation Virginia is monitoring this bill.

Bill: SB 486 - Land preservation tax credits; certain donations of land.

Patron: Hanger

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+SB486

Summary: Allows a land holder to donate a fee interest in land to a private, not-for-profit charitable corporation not established for conservation or preservation purposes and receive land preservation tax credits for the donation. The credits would not be allowed unless and until the charitable corporation protected the land in perpetuity with a conservation or open-space easement.

Status: Continued to 2017 in Finance

Position: Preservation Virginia is monitoring this bill.

 

Land Use

Bill: HB 770 - Conditional zoning; provisions applicable to all proffers

Patron: Gilbert

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+HB770

Substitute text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+HB770H1

Summary: Provides that no locality shall (i) request or accept any unreasonable proffer in connection with a rezoning or a proffer condition amendment as a condition of approval of a new residential development or new residential use or (ii) deny any rezoning application, including an application for amendment to an existing proffer, for a new residential development or new residential use where such denial is based on an applicant’s failure or refusal to submit, or remain subject to, an unreasonable proffer. A proffer shall be deemed unreasonable unless it addresses an impact that is specifically and uniquely attributable to a proposed new residential development or other new residential use applied for.  An off-site proffer shall be deemed unreasonable pursuant to the above unless it addresses an impact to an off-site public facility, such that, (a) the new residential development or new residential use creates a need, or an identifiable portion of a need, for one or more public facility improvements in excess of existing public facility capacity at the time of the rezoning or proffer condition amendment, and (b) each such new residential development or new residential use applied for receives a direct  and material benefit from a proffer made with respect to any such public facility improvements.  In any action in which a locality has denied a rezoning or an amendment to an existing proffer and the aggrieved applicant proves by a preponderance of the evidence that it refused or failed to submit, or remain subject to, an unreasonable proffer that it has proven was suggested, requested, or required, formally or informally, by the locality, the court shall presume, absent clear and convincing evidence to the contrary, that such refusal or failure was the controlling basis for the denial. The bill also provides that certain conditional rezoning proffers related to building materials, finishes, methods of construction, or design features on a new residential development are prohibited.

Status: Stricken from docket by Senate Local Government

 

Limited Residential Lodging Act

Bill: HB 812 - Limited Residential Lodging Act; established, penalty.

Patron: Peace

Bill text:  http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+HB812

Substitute text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+HB812H1

Summary: Establishes the Limited Residential Lodging Act (the Act), which allows property owners to rent out their homes or portions thereof for charge for periods of less than 30 consecutive days or do so through a hosting platform, under certain circumstances. The hosting platform may register with the Department of Taxation, in which case the hosting platform is responsible for the collection and remittance of all applicable taxes on behalf of the property owner. The bill defines "limited residential lodging," "booking transaction," and "hosting platform" and provides for penalties for violations of the Act.

Status: Left in Senate Finance

 

Misc.

Bill: HB 41 – Thomas Jefferson Scenic Byway Loop; Virginia byway designation

Patron: Kilgore

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+HB41

Summary: Designates portions of Virginia Route 72, Virginia Route 619, and U.S. Route 58 Alternate in the Counties of Scott and Wise and the City of Norton the "Thomas Jefferson Scenic Byway Loop." Such designations are typically authorized by the Commonwealth Transportation Board.

Status: Passed House and Senate; Governor’s Action Deadline is Midnight, Monday, April 11, 2016

Bill: HB 200 – State parks; establishing fee schedule.

Patron: D. Marshall

Bill text:http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+HB200

Summary: Directs/lis.virginia.gov/cgi-bin/legp604.exe?161+ful+HB200 the Department of Conservation and Recreation to develop a plan that establishes a fee structure for rental of campsites and cabins in state parks. The bill requires the Department to submit the plan and its rental rate recommendations to the committees of oversight by November 1, 2016.

Status: Passed House and Senate; Approved by the Governor on March 1, 2016

Bill: HB 1249 – York River; scenic and historic designations.

Patron: Helsel

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+HB1249

Summary: Designates the portion of the York River that flows for approximately 20 miles from the border of York and James City Counties to the Chesapeake Bay as a component of the Virginia Scenic Rivers System and declares it to be a state historic river.               

Status: Stricken from the docket in Agriculture, Chesapeake and Natural Resources

Bill: HJ 70 State parks; JARC to study feasibility of public – private partnership in managing parks

Patron: Poindexter

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+HJ70

Summary: Directs the Joint Legislative Audit and Review Commission to study the feasibility of establishing a public-private partnership for the construction and operation of new state parks and the management of existing state parks.

Status: Studies subcommittee recommends laying the bill on the table

Bill: SB 624 - York River; scenic and historic designations.

Patron: Locke

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+SB624

Summary: Designates the portion of the York River that flows for approximately 20 miles from the border of York and James City Counties to the Chesapeake Bay as a component of the Virginia Scenic Rivers System and declares it to be a state historic river.

Status: Stricken at the request of the patron in Agriculture, Conservation and Natural Resources

 

Taxation

Bill: HB 214 - Tax reform, state and local; joint subcommittee to study.

Patron: LeMunyon

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+HB214

Summary: Creates a joint subcommittee to perform a one-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: Tabled in Studies Subcommittee

Position: Preservation Virginia is monitoring this bill.