Virginia Chapter of the American Planning Association Top 10
| Bills | Committee | Last action | Date |
| HB 5 - Bell, Robert B. - Constitutional amendment; taking or damaging of private property for public use (voter referendum). | (H) Committee on Privileges and Elections | (H) Assigned P & E sub: Constitutional Amendments Subcommittee | 01/12/12 |
| notes: Provides for a referendum at the November 6, 2012, election to approve or reject an amendment eliminating the General Assembly's authority to define a public use for which private property may be taken or damaged and providing that no private property shall be taken or damaged for a public use without just compensation to the property owner and that only so much of the property as is necessary to achieve the public use is taken or damaged. | |||
| HB 166 - Cosgrove - Zoning administrator; narrows instances in which administrator may modify certain orders. | (H) Committee on Counties, Cities and Towns (S) Committee on Local Government | (S) Referred to Committee on Local Government | 01/26/12 |
| notes: Narrows the instances in which a zoning administrator may modify certain previously issued written orders outside a 60-day time period by deleting the phrase "or other non discretionary" from the provision that currently excludes "clerical or other non discretionary errors" from the 60-day limitation. | |||
| HB 316 - Ingram - Cemeteries; definition shall include all uses associated with interment of human remains. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/25/12 |
| notes:
Provides that the definition of cemetery shall include all uses necessarily or customarily associated with interment of human remains. The bill also exempts certain structures located within a cemetery from the building code or other applicable codes. Furthermore, the period of validity of the final site plan for a cemetery is extended, and certain land use vesting protections are provided to landowners upon recordation of a declaration restricting the use of the land to use as a cemetery. SAME AS SB430 |
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| HB 328 - Villanueva - Uniform Statewide Building Code; online submission of building permit applications. | (H) Committee on General Laws | (H) Assigned GL sub: #1 Housing | 01/13/12 |
| notes: Requires local building departments to establish a system to allow any person applying for a building permit to (i) submit his permit application by electronic means and to affix thereto his electronic signature, (ii) check on the status of his application online and to receive information from the building department electronically, and (iii) submit electronic payment for his permit application. | |||
| HB 426 - Bulova - Planning districts; requires preparation of regional strategic plans for guidance of district. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/13/12 |
| notes: Requires all planning districts to prepare regional strategic plans for the guidance of the district. Currently, planning districts in which regional planning is conducted by multistate councils of government are excluded from such requirement. | |||
| HB 571 - Marshall, D.W. - Housing crisis; extends sunset date for several measures related to various land use approvals, etc. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/17/12 |
| notes: The sunset date for several measures related to various land use approvals, the timing of cash proffer payments, and bonding requirements is extended from July 1, 2014, to July 1, 2017. The bill also expands the scope of such measures that will be subject to the extension to include those measures approved by January 1, 2011. | |||
| HB 614 - LeMunyon - Comprehensive plan; controls future land use decisions of governing body. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/17/12 |
| notes: Provides that the comprehensive plan shall control the future land use decisions of the governing body. No zoning amendment shall be approved unless it has been determined to be substantially in accord with the adopted comprehensive plan. However, a governing body may approve a proposed zoning amendment that is not in substantial accord with the comprehensive plan if the advocate for such proposed amendment can make a substantial showing that the land use change will serve the purposes of the zoning ordinance. | |||
| HB 773 - Landes - Local government; publication of notices for charter changes, etc. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/17/12 |
| notes: Gives localities alternatives to publication in a newspaper of general circulation in the locality for legal ads and other notices of proposed action. These alternatives include publication in at least two of the following forms of publication: (i) in a newspaper of general circulation in the locality, including such newspaper's online publication, if any; (ii) on the locality's website; (iii) on any public access channel operated by the locality, to be aired during prime-time programming and at least two other times during the day; (iv) using any automated voice or text alert systems used by the locality; or (v) posting at the local public library established pursuant to § 42.1-33, if any. In addition, the bill provides that any resident of the locality annually filing a written request for notification with the locality shall be provided notice by the locality in a manner mutually agreed upon by the locality and such individual. The request shall include the resident's name, address, zip code, daytime telephone number, and electronic mail address, if available. In selecting the methods of publication, the bill requires the locality to publish and advertise in a manner gauged to ensure that the maximum number of persons within the locality are likely to be informed of the existence and content of the proposed action. The bill contains technical amendments. | |||
| HB 869 - Rust - Urban development areas; makes incorporation optional rather than mandatory for all localities. | (H) Committee on Counties, Cities and Towns | (H) Reported from Counties, Cities and Towns (20-Y 2-N) | 02/03/12 |
| notes: Makes designation of urban development areas optional for all localities. Currently urban development areas are mandatory for many higher growth localities. | |||
| HB 942 - Lingamfelter - Alternative onsite sewage system; locality can not require owner to enter in performance agreement. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/17/12 |
| notes: Provides that a locality shall not require the owner of an alternative onsite sewage system to enter into a performance agreement with the locality or otherwise require the owner of an alternative onsite sewage system to post with the locality a sum of cash, a letter of credit, or a bond. | |||
| HB 975 - Bell, Robert B. - Governmental utility corporation; acting as public service corporation or public service company. | (H) Committee for Courts of Justice | (H) Subcommittee recommends reporting with amendment(s) (6-Y 2-N) | 02/01/12 |
| notes: Clarifies that a government utility corporation (a county or municipality, or entity or agency thereof, that provides or operates specified authorized utility services) shall be considered to be acting as a public service corporation or public service company with regard to the provision of such authorized utility services. | |||
| HB 1035 - Joannou - Eminent domain; lost profits and access. | (H) Committee on Appropriations | (H) Referred to Committee on Appropriations | 02/03/12 |
| notes: Provides definitions for the terms "lost profits" and "lost access" and how to determine the amount of just compensation, which includes lost profits and lost access resulting from the taking, that must be paid for property taken by eminent domain. The bill has a contingent effective date of January 1, 2013, provided that the voters approve an amendment to Section 11 of Article I of the Constitution of Virginia at the 2012 November election. | |||
| HB 1071 - Hugo - Alternative onsite sewage system; owner exempt from requirements for operation and maintenance. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/20/12 |
| notes: Provides that the owner of an alternative onsite sewage system installed prior to January 1, 2010, with flows of less than 1,000 gallons per day serving a church or an individual single-family dwelling occupied by such owner shall be exempt from the requirements for the operation and maintenance of the alternative onsite sewage system contained in State Board of Health regulations. The provisions of this act shall expire on July 1, 2014. | |||
| HB 1114 - Morris - Sport shooting ranges, certain; applicability of local ordinaces. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/20/12 |
| notes: Sport shooting ranges; adding in Chapter 9 of Title 15.2 a section numbered 15.2-917.1, local ordinances - exempts shooting ranges from local zoning | |||
| HB 1196 - Cole - Zoning provisions; private schools and child day centers operated by religious institutions. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/25/12 |
| notes: Provides that zoning ordinances for all purposes shall consider (i) private schools operated by a religious institution and (ii) certain child day centers operated by a religious institution as permitted uses in any zoning classification in which religious institutions are a permitted use. | |||
| HB 1216 - Bell, Richard P. - Zoning amendment; notice of proposed change to zoning ordinance that involve State or federal land. | (H) Committee on Counties, Cities and Towns | (H) Reported from Counties, Cities and Towns with amendment (22-Y 0-N) | 02/03/12 |
| notes: Provides that when a proposed amendment to the zoning ordinance involves a tract of land owned by the Commonwealth or by the federal government, and when the proposed change affects only a portion of the larger tract, notice need be given only to the owners of those properties that are adjacent to the affected area of the larger tract. | |||
| HB 1248 - Lingamfelter - Transportation; provides for construction, operation, maintenance, and funding, report. | (H) Committee on Appropriations | (H) Assigned App. sub: Transportation | 01/23/12 |
| notes:
Provides for the construction, maintenance, and funding of transportation by (i) creating transportation construction districts and the Transportation Improvement District Fund to identify, construct, and fund certain transportation projects, including the authority to issue revenue bonds; (ii) creating the Virginia Toll Road Authority to fund transportation projects through tolls and other charges, (iii) increasing the dedicated transportation allocation of the sales and use tax from 0.5 percent to 0.75 percent, phased in over eight years, with the additional revenue dedicated for highway maintenance and operation, (iv) increasing transportation's share of year-end surpluses to 75 percent, (v) dedicating a portion of revenue growth each year to transportation, and (vi) requiring localities to create transportation plans as part of comprehensive planning. The bill also authorizes the CTB to name highways, bridges, interchanges, and other transportation facilities for private entities if an annual naming rights fee is paid, with the revenue dedicated to highway maintenance and operation. The bill also charges the CTB with greater responsibilities involving integration of land use and transportation planning and authorizes the CTB to withhold federal and state funds for certain local or regional capital improvement projects if those projects are inconsistent with the Statewide Transportation Plan or the Six-Year Improvement Program. Provision is made for use of "revenue-sharing" funds for secondary highway system maintenance projects carried out by local governments. Click on bill number for more details. SAME AS SB639 |
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| HB 1253 - Knight - Cash proffers; profferor shall not waive rights against locality. | (H) Committee on Counties, Cities and Towns | (H) Reported from Counties, Cities and Towns with amendments (22-Y 0-N) | 02/03/12 |
| notes: Prohibits any locality from accepting certain proffers purporting to contain a waiver of legal rights against the locality. The bill deems any such waiver in an enacted proffer void and severable and protects any rezoning from challenge on the basis of a profferor's alleged violation of such a waiver provision. | |||
| HJ 3 - Bell, Robert B. - Constitutional amendment; taking or damaging of private property for public use (second reference). | (H) Committee on Privileges and Elections | (H) Assigned P & E sub: Constitutional Amendments Subcommittee | 01/12/12 |
| notes: Revises the prohibition on the enactment by the General Assembly of laws whereby private property may be taken or damaged. An existing provision authorizing the General Assembly to define what constitutes a public use is removed. The proposed amendment provides that private property can be taken or damaged only for a public use, only with just compensation to the owner, and only so much taken as is necessary for the public use. Just compensation must equal or exceed the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services. In all other cases, a taking or damaging of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property. The condemnor bears the burden of proving that the use is public, without a presumption that it is. | |||
| SB 240 - Obenshain - Constitutional amendment; taking or damaging of private property for public use (voter referendum). | (S) Committee on Privileges and Elections | (S) Passed by for the day | 02/03/12 |
| notes: Provides for a referendum at the November 6, 2012, election to approve or reject an amendment eliminating the General Assembly's authority to define a public use for which private property may be taken or damaged and (i) requiring that eminent domain be exercised for public uses and not for the primary purpose of private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development; (ii) defining what is to be included in determining just compensation for permissible takings; and (iii) prohibiting the taking of more private property than is necessary for the stated public use. | |||
| SB 274 - Smith - Urban development areas; makes incorporation optional rather than mandatory for all localities. | (S) Committee on Local Government | (S) Engrossed by Senate - committee substitute SB274S1 | 02/03/12 |
| notes: Makes incorporation of urban development areas optional rather than mandatory. Any locality that has previously adopted urban development areas may, and upon voter petition shall, reconsider such action. | |||
| SB 291 - Lucas - Urban development areas; makes incorporation optional rather than mandatory for all localities. | (S) Committee on Local Government | (S) Incorporated by Local Government (SB274-Smith) (15-Y 0-N) | 01/31/12 |
| notes: Makes incorporation of urban development areas optional rather than mandatory. Any locality that has previously adopted urban development areas may reconsider such action. | |||
| SB 356 - Deeds - Alternative onsite sewage system; owner exempt from requirements for operation and maintenance. | (S) Committee on Local Government | (S) Referred to Committee on Local Government | 01/11/12 |
| notes: Provides that the owner of an alternative onsite sewage system installed prior to January 1, 2012, in any county with a population density of 50 persons per square mile or less, that serves an individual single-family dwelling shall be exempt from the requirements for the operation and maintenance of the alternative onsite sewage system contained in certain Board of Health regulations. | |||
| SB 442 - Obenshain - Onsite sewage systems; design and inspection. | (S) Committee on Education and Health | (S) Constitutional reading dispensed (37-Y 0-N) | 02/03/12 |
| notes: Establishes minimum required inspection frequencies for alternative onsite systems. | |||
| SJ 3 - Obenshain - Constitutional amendment; taking or damaging of private property for public use (second reference). | (S) Committee on Privileges and Elections | (S) Passed by for the day | 02/03/12 |
| notes: Revises the prohibition on the enactment by the General Assembly of laws whereby private property may be taken or damaged. An existing provision authorizing the General Assembly to define what constitutes a public use is removed. The proposed amendment provides that private property can be taken or damaged only for a public use, only with just compensation to the owner, and only so much taken as is necessary for the public use. Just compensation must equal or exceed the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services. In all other cases, a taking or damaging of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property. The condemnor bears the burden of proving that the use is public, without a presumption that it is. | |||
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