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Legislative Issues Archive

02.20.17 Preservation Virginia – Website Legislative Archive

Preservation Virginia continues to monitor the following items:

Budget Update

The House and Senate have respectively proposed the following amendments to the budget bill:

House Budget

Item 365 #2h: This amendment removes new language proposed by the Governor in House Bill 1500 which is contrary to the General Assembly’s expressed intent as evidenced by language included in this paragraph by the 2016 General Assembly which would prohibit the Department of Conservation and Recreation from accepting by gift, transfer or purchase any lands for use as a state park without the approval of the General Assembly. A companion amendment in Capital Outlay eliminates nongeneral fund appropriations for DCR to purchase park land or lands to be designated as natural area preserves.

Item 376 # 2h: This amendment fully restores funding for the Battlefields Preservation Fund appropriated by the 2016 General Assembly in Chapter 780. The Governor proposed reductions to the program in both years of the biennium in his amendments contained in House Bill 1500.

Item Associated with HB 2296: This amendment appropriates $150,000 for the Foundation for the Humanities to identify, preserve, and promote sites or artifacts related to the history of formerly enslaved African Americans in Virginia, as authorized in House Bill 2296.

Jamestown-Yorktown Commemorations: This amendment partially restores the appropriation to the Jamestown-Yorktown 2019 Commemorations that were cut by the Governor in his introduced budget by adding $5,000,000 from the general fund.

Senate Budget

Item 1 #3s: This is the first of two amendments that provide for the transfer of the unexpended balances as of July 1, 2017, from the Virginia Sesquicentennial of the American Civil War Commission to the Virginia World Ware I and World War II Commemoration Commission.

Item 1 #4s: This is the second of two amendments that provide for the transfer of the unexpended balances as of July 1, 2017, from the Virginia Sesquicentennial of the American Civil War Commission to the Virginia World War I and World War II Commemoration Commission and to the general fund, as specified. This amendment also authorizes the First of the Division of Legislative Services to fund the Virginia World War I and World War II Commemoration Commission from the Division’s appropriation and to provide full reimbursement to the Division from the Commission’s unexpended balances, one allotted.

 Item 376 # 1s: This amendment restores the total for the Virginia Battlefield Preservation Fund to $1.0 million for FY18.

Item 4 – 1.02 # 1s: This amendment adds payments for care of historical African American graves and cemeteries to the items that the Governor prohibited from withhold spending, consistent with existing language for care of the graves of Confederate dead.

Jamestown-Yorktown Commemorations: This amendment partially restores the appropriation to the Jamestown-Yorktown 2019 Commemorations that were cut by the Governor in his introduced budget by adding $5,239,117 from the general fund for fiscal year 2018.

Governor’s Budget Items Not Removed by the House and Senate Budget

Limitation on the Amount of Historic Rehabilitation Tax Credits Claimed

  • Effective for taxable years beginning on and after January 1, 2017, the amount of the Historic Rehabilitation Tax Credit that may be claimed by each taxpayer, including amounts carried over from prior taxable years, shall not exceed $5 million for any taxable year.

Limitation on the Amount of Land Preservation Tax Credits Claimed

  • Effective for the taxable year beginning on and after January 1, 2017, the amount of the Land Preservation Tax Credit that may be claimed by each taxpayer, including amounts carried over from prior taxable years, shall not exceed $20,000.

Transfer of Land Preservation Tax Credits

  • The fee imposed upon any transfer arising from the sale by any taxpayer of Land Preservation Tax Credits and upon the distribution of a portion of Land Preservation Tax Credits to a member, manager, partner, shareholder or beneficiary shall be three percent of the value of the donated interest.

Cuts to the Virginia Land Conservation Fund Appropriation

  • Cuts the $16 million appropriation from the general fund to the Virginia Land Conservation Fund to $12.5 million.

Appropriation 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

 

Derelict and Blighted buildings

Bill: HB 1936 - Derelict and blighted buildings; land banks; receivership.

Patron: Carr

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+HB1936

Summary: Authorizes a locality to petition the circuit court to appoint a land bank entity to act as a receiver in certain limited circumstances to repair derelict and blighted buildings that contains residential dwelling units.

Status: Passed Senate

Historic Preservation

Bill: HB 1547 - Historical African American cemeteries and graves.

Patron: McQuinn

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+HB1547

Summary: Directs the distribution of funds appropriated for the purpose to qualifying nonprofit organizations that preserve historical African American cemeteries established before 1900. The funding formula is $5, or the average actual cost of routine maintenance, multiplied by the number of graves, monuments, and markers of African Americans who lived at any time between 1800 and 1900 and are interred in the cemetery. The bill lists two cemeteries, East End Cemetery in Henrico County and Evergreen Cemetery in the City of Richmond, that are to receive any funds appropriated for a total of 6,975 gravesites.

Status: Passed Senate

Bill: HB 1635 - Historic rehabilitation tax credit.

Patron: Sullivan

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+HB1635

Summary: Limits the amount of historic rehabilitation tax credits that may be claimed by each taxpayer to $5 million per year, including any amounts carried over from prior taxable years. The limit is in effect for taxable years beginning on and after January 1, 2017.

Status: Tabled in Subcommittee

Bill: HB 2296 - Commission on the Preservation of the History of Formerly Enslaved African Americans in Virginia.

Patron: McQuinn

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+HB2296

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 bill directs the Commission to 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 bill directs the Commission to submit its findings and recommendations to the Governor and the General Assembly annually. The provisions of the bill are contingent on funding in a general appropriation act, and the bill contains a July 1, 2020, sunset.

Status: Passed Senate with Amendments

Land Preservation

Bill: HB 1470 - Land preservation tax credits; limitations.

Patron: Ware

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+HB1470

Summary: Imposes a $2 million limit on the amount of credits that may be claimed for each land conveyance and a $20,000 limit on the annual amount of credits that may be claimed by each taxpayer. The bill establishes a $50,000 cap on the annual amount of credits that may be claimed for a fee simple donation of land to the Commonwealth. The bill provides that the maximum annual amount of credits that may be issued to all taxpayers shall not exceed $50 million. The bill increases the fee imposed upon any transfer arising from the sale of land preservation tax credits by any taxpayer from two to 2.5 percent of the value of the donated interest.

Status: Tabled in Subcommittee

Bill: HB 2150 - Land preservation tax credit; per taxpayer limitation.

Patron: Aird

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+HB2150

Summary: Extends to taxable year 2017 the $20,000 limit on the amount that a taxpayer may claim per year under the land preservation tax credit. The bill retains the $50,000 limit for each subsequent taxable year.

Status: Tabled in Subcommittee

Local Government

Bill: HB 2196 - Wireless communications infrastructure; procedure for approved by localities.

Patron: Kilgore

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?171+sum+HB2196

Summary: Provides a uniform procedure for the way in which wireless communications infrastructure is approved by localities and approved and installed in public rights-of-way.

Status: Failed to pass the House and cross over to the Senate

Misc.

Bill: HB 1780 – Jamestown-Yorktown Foundation; board of trustees; duties.

Patron: Plum

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?171+sum+HB1780

Summary: Authorizes the board of trustees of the Jamestown-Yorktown Foundation to enter into contracts for the use and rental of agency facilities, structures, spaces, and personal property under the control of the Foundation.

Status: Passed House and Senate; Governor's Action Deadline is Midnight, February 24, 2017

Bill: HB 2192 – Courthouses; relocation or expansion of courthouse to another location within city.

Patron: Landes

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+HB2192

Summary: Provides that in the case of a county courthouse located in a city, the relocation or expansion of the courthouse to any other location within such city is not such a removal as to require authorization by the electorate.

Status: Stricken from docket at request of patron in subcommittee

Bill: HB 2356 – Fort Monroe Authority; increases number of members on Board of Trustees.

Patron: Helsel

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?171+sum+HB2356

Summary: Increases the number of members on the Board of Trustees of the Ft. Monroe Authority from 12 to 14. The bill removes the Lieutenant Governor as a member of the Board, provides that the Secretary of Natural Resources and the Secretary of Commerce and Trade shall serve ex officio without voting privileges, and increases from five to eight the number of nonlegislative citizen members appointed by the Governor to the Board. The bill provides for the staggering of terms for the three additional citizen members appointed by the Governor. The bill contains technical amendments.

Status: Passed House; Referred to Committee on General Laws and Technology in the Senate

Bill: SB 1001 - Fort Monroe Authority Board of Trustees; membership; terms.

Patron: Locke

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+SB1001

Summary: Adds three nonlegislative citizen members to the Fort Monroe Authority Board of Trustees, to be appointed by the Governor. The bill also (i) changes the Secretary of Commerce and Trade and the Secretary of Natural Resources from voting to nonvoting ex officio members, (ii) removes the Lieutenant Governor from membership, and (iii) re-staggers the terms of the eight nonlegislative citizen members appointed by the Governor to have four appointed in 2018 and four appointed in 2019.

Status: Passed House and Senate; Governor's Action Deadline is Midnight, February 24, 2017

Bill: SB 1555 - Jamestown-Yorktown Foundation; board of trustees; duties.

Patron: McDougle

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?171+sum+SB1555 

Summary: Authorizes the board of trustees of the Jamestown-Yorktown Foundation to enter into contracts for the use and rental of agency facilities, structures, spaces, and personal property under the control of the Foundation.

Status: Passed Senate and House

Tax Credits

Bill: SB 1485 - Tax credits; expiration of certain tax credits.

Patron: Sturtevant

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?171+sum+SB1485

Summary: Adds a sunset date of January 1, 2022, to all existing tax credits that do not currently have a sunset date.

Status: Passed By Indefinitely in Senate Finance

Bill: SB 1540 - Certain tax credits; aggregate caps.

Patron: Sturtevant

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?171+sum+SB1540

Summary: Reduces the total aggregate caps of the historic rehabilitation tax credit, the research and development expenses tax credit, the major research and development expenses tax credit, and the land preservation tax credit over a period of 10 years, so that no credits are available for any of the credits beginning in 2027.

Status: Passed By Indefinitely in Senate Finance

Viewshed

Bill: SB 1423 - Electric utilities; viewshed mitigation payments.

Patron: Wagner

Bill text: http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+SB1423

Summary: Requires that any viewshed mitigation payment made by an electric utility be used by the recipient only to implement renewable energy projects, to conduct energy-related research and development programs or projects, or both.

Status: Passed By Indefinitely in Commerce and Labor