Preservation Virginia monitors the General Assembly session each year to keep you informed about legislation that impacts historic preservation. Weekly updates provide insights and calls for action on preservation related legislation and budget items.  Sign up for Legislative Alerts online.

2023 General Assembly Legislative Update
March 6, 2023

The General Assembly has adjourned sine die competing its work on policy legislation for the 2023 General Assembly Session.  While the General Assembly passed a short (5-page) stopgap budget, the General Assembly has not yet passed its amendments to the biennial budget. Budget negotiations continue, although are presently held up by debate over tax cuts versus tax rebates.  These negotiations will resolve on an uncertain timeline.  Legislators will be called back into session by the Governor once a compromise is reached.

Several of Preservation Virginia’s priority bills passed the General Assembly. The Governor must act on most of these bills by midnight on March 27^th.  The General Assembly will reconvene in April to address any vetoes or amendments by the Governor.

Historic Rehabilitation Tax Credit
HB 1668 – Historic rehabilitation; increases maximum amount of tax credit.
Patron:  Marshall
Summary: Increases from $5 million to $10 million, beginning in taxable year 2023, the maximum amount of the historic rehabilitation tax credit, including amounts carried over from prior taxable years, that may be claimed by a taxpayer in any taxable year. In addition, should the taxpayer incur expenses toward the rehabilitation of a certified historic structure in a locality that has a designated enterprise zone, as defined in the Code, the taxpayer may claim up to an additional $10 million in any taxable year.
Status: Left in House Finance CommitteeHB 2064 – Historic rehabilitation; increases maximum amount of tax credit.
Patron:  Lopez
Summary: Increases from $5 million to $10 million the maximum amount of the historic rehabilitation tax credit, including amounts carried over from prior taxable years, that may be claimed by a taxpayer in any taxable year beginning in taxable year 2023.
Status: Left in House Finance Committee

SB 1066 – Historic rehabilitation; increases maximum amount of tax credit.
Patron:  Surovell
Summary: Increases from $5 million to $10 million, beginning in taxable year 2023, the maximum amount of the historic rehabilitation tax credit, including amounts carried over from prior taxable years, that may be claimed by a taxpayer in any taxable year. In addition, should the taxpayer incur expenses toward the rehabilitation of a certified historic structure in a locality that has a designated enterprise zone, as defined in the Code, the taxpayer may claim up to an additional $10 million in any taxable year.
Status:  Stricken from docket in House Finance Subcommittee

HB 2109– Historic rehabilitation tax credit; use for historic school buildings.
Patron:  Bourne
Summary: Extends the historic rehabilitation tax credit to include improvements to or reconstruction of a historic school building. Historic school building is defined in the bill as a certified historic structure or a structure that is at least 50 years old that is a public school or is to be used as a public school. Such historic rehabilitation projects shall be consistent with the Secretary of the Interior’s Standards for Rehabilitation. Repairs or renovations to windows, doors, structural features, or other projects that are consistent with such standards shall qualify for the credit.
Status: Stricken from the docket and left in House Finance Committee

Green Book
HB 1968 – Department of Historic Resources; Green Book historic site designations.
Patron:  Mullin
Summary: Directs the Department of Historic Resources, in partnership with the Virginia Tourism Corporation and the Department of Transportation, to designate or approve supplementary signs for historic site signs identifying Green Book locations and businesses in the Commonwealth. The bill defines “Green Book” as The Negro Motorist Green Book published by Victor Hugo Green, which provided a list of hotels, guest houses, service stations, drug stores, taverns, barber shops, and restaurants known to be safe for traveling Black Americans during the Jim Crow era.
Status: Passed House and Senate; awaiting action by Governor

African American Cemeteries
HB 2244 – Department of Historic Resources; appropriations for African American cemeteries and graves.
Patron:  Cordoza
Summary: Requires appropriations by the Department of Historic Resources for African American cemeteries to be allocated on the bases of (i) the number of markers in a cemetery of African Americans who were born after January 1, 1900, and interred in such cemetery prior to January 1, 1948, and (ii) the number of markers in a cemetery of African Americans who lived on or after January 1, 1800, but not after January 1, 1900. Under current law, such appropriations are allocated on the basis of the number of markers in a cemetery of African Americans who were interred in such cemetery prior to January 1, 1948.
Status: Passed House and Senate; awaiting action by the Governor

SB 1062 – Department of Historic Resources; appropriations for African American cemeteries and graves.
Patron:  Spruill
Summary: Requires appropriations by the Department of Historic Resources for African American cemeteries to be allocated on the bases of (i) the number of markers in a cemetery of African Americans who were born after January 1, 1900, and interred in such cemetery prior to January 1, 1948, and (ii) the number of markers in a cemetery of African Americans who lived on or after January 1, 1800, but not after January 1, 1900. Under current law, such appropriations are allocated on the basis of the number of markers in a cemetery of African Americans who were interred in such cemetery prior to January 1, 1948.
Status: Passed House and Senate; awaiting action by the Governor

Tribal Nations
SB 1332 – Federally recognized Tribal Nations in the Commonwealth; consultation on permits and reviews.
Patron:  McClellan
Summary: Requires the Department of Conservation and Recreation, the Department of Environmental Quality, the Department of Historic Resources, and the Virginia Marine Resources Commission to establish policies and procedures for consulting with federally recognized Tribal Nations in the Commonwealth when evaluating certain permits and reviews relating to environmental, cultural, or historic resources that potentially impact those federally recognized Tribal Nations in the Commonwealth. The bill directs the Secretary of the Commonwealth to designate an Ombudsman for Tribal Consultation to facilitate communication and consultation with federally recognized Tribal Nations in the Commonwealth. The bill codifies Executive Order 82 (2021).
Status: Left in House Committee on Agriculture, Chesapeake, and Natural Resources

Local Historic Preservation 
HB 2371 – Alexandria Historical Restoration and Preservation Commission; surety bonds for membership.
Patron:  Bennett-Parker
Summary: Removes the requirement that members of the Alexandria Historical Restoration and Preservation Commission give a surety bond in the sum of $10,000 that is executed by a surety company, payable to the Governor and his successors in office, and conditioned upon the member’s faithful performance of his duties.
Status: Passed House and Senate; awaiting action by the Governor

SB 942 – Alexandria Historical Restoration and Preservation Commission; surety bonds for membership.
Patron:  Saslaw
Summary: Removes the requirement that members of the Alexandria Historical Restoration and Preservation Commission give a surety bond in the sum of $10,000 that is executed by a surety company, payable to the Governor and his successors in office, and conditioned upon the member’s faithful performance of the his duties.
Status: Passed House and Senate; awaiting action by the Governor

Capitol Square Preservation Council
SB 1357 – Capitol Square Preservation Council; powers and duties; review and approval of plans for changes to artifacts contained within the Capitol Building.
Patron:  Norment
Summary: Grants the Capitol Square Preservation Council the authority to review and approve all plans or proposals for alterations, improvements, additions, or renovations to, or other disposition of, any monuments, statuary, artwork, or other historical artifacts contained within the Capitol Building, including within the old and new Senate chambers, the old and new halls of the House of Delegates, and the Rotunda.
Status: Passed House and Senate; awaiting action by the Governor

Commissions
SB 1412 – American Revolution 250 Commission; report.
Patron:  Norment
Summary: Changes the American Revolution 250 Commission, established in 2020, from an executive branch advisory commission to a legislative branch commission. The bill revises the Commission’s membership and provides that members previously appointed to the Commission shall continue to serve unless replaced. The bill also (i) permits the Commission to establish an executive committee that may act on behalf of the full Commission between meetings and (ii) creates the Virginia American Revolution 250 Commission Fund. The bill extends the Commission’s sunset date from July 1, 2027, to July 1, 2032.
Status: Passed House and Senate; awaiting action by the Governor

Land Use
HB 1612 – Vacant building; registration.
Patron:  Williams Graves
Summary: Permits any city and certain towns to require, by ordinance, the owner of any building that has been vacant for at least 12 months and that may endanger the public health, safety, or welfare to register such building annually. Under current law, any city and certain towns are permitted to require the owner of any building that has been vacant for at least 12 months and meets the definition of “derelict building” in relevant law to register such building annually.
Status: Incorporated into HB 1482

HB 1482 – Vacant building; registration.
Patron:  Ward
Summary: Permits any city and certain towns to require, by ordinance, the owner of any building that has been vacant for at least 12 months and that may endanger the public health, safety, or welfare to register such building annually. Under current law, any city and certain towns are permitted to require the owner of any building that has been vacant for at least 12 months and meets the definition of “derelict building” in relevant law to register such building annually.
Status: Failed in House 63-37 (required 2/3 vote to pass)

SB 838 – Vacant building; registration.
Patron:  Locke
Summary: Permits any city and certain towns to require, by ordinance, the owner of any building that has been vacant for at least 12 months and that may endanger the public health, safety, or welfare to register such building annually. Under current law, any city and certain towns are permitted to require the owner of any building that has been vacant for at least 12 months and meets the definition of “derelict building” in relevant law to register such building annually.
Status: Failed to report (defeated) in Counties, Cities and Towns (10 Y-10 N)

SB 1111 – Cities and certain towns; powers, increases vacant building registration fees, civil penalty.
Patron:  Hashmi
Summary: Provides that in its consideration of certain communications infrastructure applications, a locality shall not disapprove an application if (i) the proposed new structure provides additional wireless coverage or capacity for first responders or (ii) the proposed tower is not within a four-mile radius of an existing tower that is part of the applicant’s network. Additional changes in the bill provide that a locality shall not be prohibited from disapproving certain applications for any zoning approval required for non-administrative review-eligible projects on the basis of the fact that the proposed height of any wireless support structure, wireless facility, or wireless support structure with attached wireless facilities exceeds 200 feet above ground level. Current law sets the limit at 50 feet above ground level.
Status: Passed by indefinitely in the Local Government Committee with a letter

Data Centers
SB 1078 – Siting of data centers; impacts on resources; site assessment.
Patron:  Petersen
Summary: Provides that any local government land use application required for the siting of a data center shall only be approved in areas where the data center (i) will have a minimal impact on historic, agricultural, and cultural resources and (ii) will not be within one mile of a national park or state park or other historically significant site. The bill also requires that prior to any such approval, a site assessment shall be performed to examine the effect of the data center on water usage and carbon emissions as well as any impacts on agricultural resources.
Status: Passed by indefinitely in Senate Rules

SJ 240 – Study; Department of Energy; impacts of data center development; report.
Patron:  Petersen
Summary: Directs the Department of Energy to study the impacts of data center development on Virginia’s environment, economy, energy resources, and ability to meet carbon-reduction goals.
Status: Left in House Rules

HB 2479 – Data centers and cloud computing; sales tax exemption; grant fund.
Patron:  Knight
Summary: Creates the Cloud Computing Cluster Infrastructure Grant Fund for the purpose of providing grants to qualified companies, defined in the bill as a company, including its affiliates, that enters into a memorandum of understanding with the Virginia Economic Development Partnership Authority and is expected to (i) make or cause to be made a capital investment of at least $50 billion and (ii) create at least 1,500 new full-time jobs that pay an average annual wage of at least $122,300.
Status: Passed House and Senate with conference report; awaiting action by the Governor

Transmission Lines
HB 2482 – Electricity transmission; improvement of certain projects.
Patron:  Fariss
Summary: PVA’s analysis is that this bill would exempt eminent domain condemnations for the Amazon data center transmission line from SCC review.
Status: Passed House and Senate; awaiting action by the Governor

SB 1541 – Electricity transmission projects, certain; projects identified by PJM Interconnection LLC.
Patron:  Lewis
Summary: PVA’s analysis is that this bill would exempt eminent domain condemnations for the Amazon data center transmission line from SCC review.
Status: Passed House and Senate; awaiting action by the Governor

The House and Senate have passed their respective budget bills.  Each chamber identifies its amendments to the Governor’s Introduced Budget.  These amendments are then reconciled in the Budget Conference Committee.  Items in the Governor’s Introduced Budget which are not amended by either chamber are preserved.

House Budget Highlights

Department of Historic Resources

PRIORITY ITEM:

Preservation of Architectural Evidence Near James Fort    $500,000

Other Items of Interest:

Vietnam War and Foreign Conflicts Museum              $2,000,000

Weston Manor                                                              $100,000

Gum Springs Museum and Cultural Center                  $200,000

Greensville County Training School                              $175,000

New Market Battlefield – Land Acquisition                 $3,750,000

Culpeper Battlefield State Park Land Preservation      $3,000,000

Shenandoah Valley Battlefields National Historic District   $150,000

Buchanan Theater                                                        $500,000

Historic Fluvanna County Courthouse                         $307,985

Haller-Gibboney Rock House Museum                        $350,000

Pocahontas Cemetery                                                 $141,000

Jefferson School African American Heritage Center    $500,000

Virginia Museum of Transportation                            $500,000

Senate Budget Highlights

Department of Historic Resources

Jefferson School African American Heritage Center     $200,000

Nelson Heritage Center                                              $ 200,000

Virginia Battlefield Preservation Fund – New Market Battlefield       $3,750,000

Virginia Museum of Transportation                             $500,000

Dogwood Veterans Memorial Foundation                    $600,000

Saint Paul’s College Museum and Archives                  $100,000

Fort Monroe Authority

Marketing Support                                                    ($211,000)

Operating Support                                                     $500,000