Preservation Virginia monitors the General Assembly session each year to keep you informed about legislation that impacts historic preservation.  

Many thanks to our sponsors and supporters for successful Legislative Reception on February 9th! Watch a recording of the legislative reception on our YouTube channel.

The General Assembly adjourned Sine Die on March 12, 2022. This completes the 2022 regular legislative session. The House and Senate budget conference committee was unable to reconcile the competing budget bills, so the General Assembly adjourned without a budget.  

After a special session called by Governor Youngkin, the General Assembly approved a two-year state budget which included several provisions that Preservation Virginia supported during the session. These included $5 million to a newly authorized fund to support historic places related to the history of Black Indigenous and People of Color; funding to the Department of Historic Resources to among other priorities, establish a community outreach positions focused on working Virginia Indian communities and funding to support the installation of a fire suppression system at Historic Jamestowne Research Center and exterior restoration/maintenance projects at the John Marshall House.

Below is a list of the priority bills that passed the General Assembly. Additional bills that were monitored during the session are available on Preservation Virginia’s website in the legislative archive.

Budget – House

Item 124 #1h – This amendment provides $545,349 in the first year and $301,753 in the second year from the general fund for the Fort Monroe Authority to establish a facilities maintenance department.

Item 126 #5h – This amendment directs the Virginia Tourism Authority to develop an educational website on sites in Virginia featured in the Green Book by Victor Hugo Green.

Item 375 #7h – This amendment removes a proposed $10.0 million increase the first year in the deposit into the Virginia Land Conservation Fund.

Item 375 #8h – This amendment removes $12.0 million the first year for the proposed acquisition of land by federal recognized Tribes.

Item 386 #1h – This amendment provides $327,840 from the general fund in fiscal year 2023 to support repairs to the grounds of the Rosenwald Community Center-Campbell County Training School, including removing existing pavement and concrete, repairing water work lines, excavation, grading, and asphalt paving.

Item 386 #2h – This amendment provides $2.5 million from the general fund each year to increase the total deposit into the Virginia Battlefield Preservation Fund to $3.5 million from the general fund each year.

Item 386 #3h – This amendment provides $5.0 million from the general fund in fiscal year 2023 to Nelson County to assist in the development of the Vietnam War and Foreign Conflicts Museum.

Item 386 #4h – This amendment provides $75,000 from the general fund in fiscal year 2023 for preservation and planning of the historic Moore Street School in Richmond City.

Item 386 #5h – This amendment provides $6.0 million from the general fund in fiscal year 2023 to Botetourt County to support relocation of the Fincastle Museum.

Item 386 #6h – This amendment provides $100,000 from the general fund for the City of Hopewell to support improvements at Weston Manor.

Item 386 #7h – This amendment provides $1.0 million from the general fund the first year to support a capital expansion project at the Chrysler Museum.

Item 386 #8h – This amendment provides $1.0 million from the general fund the first year to Westmoreland County to support Stratford Hall.

Item 386 #9h – This amendment provides $1.0 million from the general fund the first year to Richmond County to support the Menokin Foundation.

Item 386 #10h – This amendment provides $2.5 million from the general fund the first year to assist the College of William and Mary in the relocation of the Bray School building from its campus.

Item 386 #11h – This amendment provides $25,000 the first year from the general fund to support restoration activities at the Pleasant Ridge School in Virginia Beach.

Item 386 #12h – This amendment provides $2.0 million from the general fund the first year to Chesapeake to support a historic attraction commemorating the Underground Railroad.

Item 386 #13h – This amendment provides $650,000 from the general fund the first year to support preservation activities at the Jolliff Landing Fort site.

Item 386 #14h – This amendment halves from $5.0 million to $2.5 million each year provided to support the Black, Indigenous, and People of Color Historic Preservation Fund established pursuant to House Bill 141.

Item 386 #15h – This amendment removes language and $6.9 million the first year in funding associated with one-time support for historic and cultural attractions in Virginia. Separate companion amendments to Item 386 provide one-time support to numerous historic and cultural attractions.

Item 485 #2h – This amendment provides an additional $1.0 million to the City of Richmond for the Slavery and Freedom Heritage Site.

Budget – Senate

Item 375 #1s – This amendment increases funding for the Virginia Land Conservation Foundation by $22.0 million over the biennium as part of a series of amendments that provide increased funding for land conservation programs in Virginia.

Historic Preservation Fund

HB 141 – Virginia Black, Indigenous, and People of Color Historic Preservation Fund; created.
Patron:  McQuinn
Summary: Establishes the Virginia Black, Indigenous, and People of Color Historic Preservation Fund for the purpose of awarding grants to eligible state-recognized and federally recognized Indian tribes, private nonprofit organizations, and localities for the eligible costs of acquiring land or permanent protective interest therein, and of undertaking preservation activities on such land, that is of cultural or historic significance to Black, indigenous, or people of color communities. The bill provides that land or interests acquired with grant funds shall grant the Board of Historic Resources or other holder a perpetual preservation interest in the property.
Status: Governor’s Action Deadline 11:59 p.m., April 11, 2022
 
SB 158 – Virginia Black, Indigenous, and People of Color Historic Preservation Fund established.
Patron:  Hashmi
Summary: Establishes the Virginia Black, Indigenous, and People of Color Historic Preservation Fund for the purpose of awarding grants to eligible state-recognized and federally recognized Indian tribes, private nonprofit organizations, and localities for the eligible costs of acquiring land or permanent protective interest therein, and of undertaking preservation activities on such land, that is of cultural or historic significance to Black, indigenous, or people of color communities. The bill provides that land or interests acquired with grant funds shall grant the Board of Historic Resources or other holder a perpetual preservation interest in the property.
Status: Governor’s Action Deadline 11:59 p.m., April 11, 2022

Cemeteries

HB 140 – Historical African American cemeteries; changes date of establishment for qualification of funds.
Patron:  McQuinn
Summary: Changes the date of establishment that qualifies historical African American cemeteries for appropriated funds to care for such cemeteries from prior to January 1, 1900, to prior to January 1, 1948.
Status: Governor’s Action Deadline 11:59 p.m., April 11, 2022
 
HB 727 – Historical African American cemeteries; disbursement of funds; qualified organization.
Patron:  Ward
Summary: Expands the definition of a qualified organization that may receive funds for maintenance of a historical African American cemetery to include any locality whose purpose for applying for funding from the Department of Historic Resources is to maintain a neglected historical African American cemetery, or a portion thereof, that is located within its jurisdictional bounds. The bill also creates an exemption by allowing localities that are eligible for funding for the maintenance and care of historical African American cemeteries to apply to the Director of the Department for a grant to perform extraordinary maintenance, renovation, repair, or reconstruction on any such cemeteries and graves without first having received initial funding for the maintenance and care of those cemeteries and graves. Current law requires a qualified organization to apply for any such grant only after it has received initial funding for the maintenance and care of a historical African American cemetery.
Status: Governor’s Action Deadline 11:59 p.m., April 11, 2022
 
SB 23 – Historical African American cemeteries and graves; qualified organization.
Patron:  Locke
Summary: Amends the definition of a qualified organization authorized to apply for funds for the maintenance of historical African American cemeteries to include a locality in which such a cemetery is located.
Status: Passed by House and Senate
 
SB 76 – Historical African American cemeteries and graves; qualified organization.
Patron:  Norment
Summary: Amends the definition of a qualified organization authorized to apply for funds for the maintenance of historical African American cemeteries to include a locality in which such a cemetery is located.
Status: Incorporated by General Laws and Technology (SB23-Locke)
 
SB 477 – Historical African American cemeteries; changes date of establishment for qualification of funds.
Patron:  McClellan
Summary: Changes the date of establishment that qualifies historical African American cemeteries for appropriated funds to care for such cemeteries from prior to January 1, 1900, to prior to January 1, 1948.
Status: Passed by House and Senate

Local Government Preservation Generally

SB 286 – Historic districts; property survey.
Patron:  Ebbin
Summary: Requires that any locality that establishes a local historic district may require that a survey of property lines be completed prior to a land purchase within the historic district.
Status: Passed by House and Senate
 
Historical Buildings

HB 902 – Augusta County; removal of county courthouse, authorization by electorate.
Patron:  Avoli
Summary: Allows Augusta County to hold a referendum on the courthouse removal in 2022, despite the 10-year waiting requirement, if (i) two new plans are developed for either the construction and removal of the courthouse from the City of Staunton, if the referendum passes, or renovation and expansion of the courthouse in the City of Staunton, if the referendum fails; (ii) the plans are made available to the public at least three months prior to the planned date of the referendum; (iii) the plan for the courthouse remaining in Staunton, if it prevails, shall be a mutual agreement between the City of Staunton and Augusta County; and (iv) the result of the referendum shall be binding and the corresponding plan shall be implemented.
Status: Passed by House and Senate
 
SB 283 – Augusta County; removal of county courthouse, authorization by electorate.
Patron:  Hanger
Summary: Allows Augusta County to hold a referendum on the courthouse removal in 2022, despite the 10-year waiting requirement, if (i) two new plans are developed for either the construction and removal of the courthouse from the City of Staunton, if the referendum passes, or renovation and expansion of the courthouse in the City of Staunton, if the referendum fails; (ii) the plans are made available to the public at least three months prior to the planned date of the referendum; (iii) the plan for the courthouse remaining in Staunton, if it prevails, shall be a mutual agreement between the City of Staunton and Augusta County; and (iv) the result of the referendum shall be binding and the corresponding plan shall be implemented.
Status: Passed by House and Senate
 
SB 305 – Food manufacturers operating in historic buildings.
Patron:  Deeds
Summary: Authorizes the Commissioner of the Department of Agriculture and Consumer Services to exempt food manufacturers operating in historic buildings from certain laws and regulations related to the structure of a building if the food manufacturer is deemed to be producing food products that are low risk of being adulterated.
Status: Passed by House and Senate
 
Natural Resources

HB 28 – Maury River; extends portion previously designated as scenic river by an additional 23.2 miles.
Patron:  Campbell, R.R.
Summary: Extends the portion of the Maury River previously designated as a state scenic river by an additional 23.2 miles.
Status: Governor’s Action Deadline 11:59 p.m., April 11, 2022
 
HB 49 – James River; designates an additional 44-mile portion as a component of Va. Scenic Rivers System.
Patron:  Fariss
Summary: Designates an additional 44-mile portion of the James River running through Nelson, Appomattox, and Cumberland Counties as a component of the Virginia Scenic Rivers System.
Status: Signed by House Speaker and Senate President
 
HB 206 – Small renewable energy projects; impact on natural resources.
Patron:  Webert
Summary: Requires, as a condition for a permit by rule for a small energy project, that the applicant conduct an analysis of the beneficial and adverse impacts of the proposed project on natural resources. The bill requires that if the Department of Environmental Quality determines that there will be a significant adverse impact on wildlife, historic resources, prime agricultural soils, or forest lands, the applicant must also submit a mitigation plan with a 90-day public comment period. The bill specifies that a disturbance of more than 10 acres of prime agricultural soils, as defined in the bill, or 50 acres of contiguous forest lands, as defined in relevant law, is deemed to be a significant adverse impact on natural resources. Finally, the bill directs the Department to convene an advisory panel to assist in developing regulations to further develop criteria for determining significant adverse impact on natural resources and guidelines for plans to mitigate such adverse impacts.
Status: Passed by House and Senate
 
HB 1223 – Scenic river designation; North Fork of the Shenandoah River.
Patron:  Avoli
Summary: Designates an 8.8-mile portion of the North Fork of the Shenandoah River as the North Fork of the Shenandoah State Scenic River.
Status: Governor’s Action Deadline 11:59 p.m., April 11, 2022
 
SB 292 – Scenic river designation; Maury River.
Patron:  Deeds
Summary: Extends the portion of the Maury River previously designated as a state scenic river by an additional 23.2 miles.
Status: Governor’s Action Deadline 11:59 p.m., April 11, 2022
 
Land Conservation and Preservation

HB 199 – Land preservation program; special assessment.
Patron:  Webert
Summary: Allows a locality, by ordinance, to provide that a parcel of real property shall not be removed from the land use program for delinquent taxes if such taxes are paid no later than December 31 of the year in which the taxes became delinquent. The bill further provides that no parcel of real property shall be removed from the land use program for delinquent taxes if (i) such taxes become delinquent during a state of emergency declared by the Governor, (ii) the treasurer determines that the emergency has caused hardship for the taxpayer, and (iii) the taxes are paid no later than 90 days after the original deadline.
Status: Signed by House Speaker and Senate President
 
SB 31 – Virginia Land Conservation Foundation and Fund; appropriation for Fund in budget bill, etc.
Patron:  Marsden
Summary: Directs the Governor to include a $40 million recommended appropriation to the Virginia Land Conservation Fund in the budget bill or amendments thereto each year. Currently, the Governor is directed to include an amount based on a formula set forth in the Code. The bill makes various changes to the allocation and use of funds for grants from the Virginia Land Conservation Fund, including allowing grants to be made to state-recognized and federally recognized Virginia Indian Tribes, and requires that at least one nonlegislative citizen member of the Virginia Land Conservation Foundation Board of Trustees be a member of a state-recognized or federally recognized Virginia Indian Tribe.
Status: Passed by House and Senate

American Revolution 250 Commission

HB 6 – American Revolution 250 Commission; adds four legislative members to the Commission.
Patron:  Ware
Summary: Adds four legislative members to the American Revolution 250 Commission.
Status: Signed by House Speaker and Senate President
 
SB 22 – American Revolution 250 Commission; adds four legislative members to the Commission.
Patron:  Locke
Summary: Adds four legislative members to the American Revolution 250 Commission.
Status: Passed by House and Senate