Legislative Report Middle Peninsula Planning District Commission March 5, 2018

Transcription

1 Legislative Report Middle Peninsula Planning District Commission March 5, 2018 The 2018 General Assembly is scheduled to adjourn this Saturday, March 10. However, the respective budgets of the House of Delegates and Senate remain very far apart. Provided below is a summary of the legislative priorities of the Middle Peninsula Planning District Commission. This past week saw the final committee action of HB1096, requesting the Marine Resources Commission to establish fast-track permitting. HB1096 was unanimously approved by the Senate Agriculture, Conservation and Natural Resource Committee, and is headed to the full Senate for final approval. And, SB693 (Sen. Lynwood Lewis) was unanimously approved by the House Appropriations Committee. This approval represents a significant advancement of this legislation since its approval by Appropriations connected the legislative proposal to the proposed amendment in the House budget. Del. Keith Hodges held a meeting on Monday, March 5 with Secretary of Natural Resources Matt Strickler to review the Middle Peninsula PDC s legislative agenda, and related matters of short and long-term interest for the Middle Peninsula and rural coastal Virginia. Tom Swartzwelder, Lewie Lawrence and Robert Crockett (Advantus) attended the meeting. About the budget Last Wednesday, the Senate named its conference committee to negotiate a bridge over what Majority Leader Tommy Norment (R-James City) described as a $600 million chasm between its budget proposal and the one adopted by the House of Delegates. The Senate team will be led by Norment and Sen. Emmett Hanger (R-Augusta), who chair the Senate Finance Committee. The other members are Republican Sens. Steve Newman of Lynchburg, Frank Ruff of Mecklenburg County, Frank Wagner of Virginia Beach, and Democratic senators Dick Saslaw and Janet Howell, both of Fairfax County. The six House conferees were named by Speaker of the House Kirk Cox, R-Colonial Heights, last Tuesday. The House budget plan includes Medicaid expansion and a provider assessment on hospital revenues to pay the state. As a result, the House plan includes almost $400 million in state general fund savings by accepting federal money under the Affordable Care Act, and the Senate budget does not. As a result, the budgets differ vastly on spending for a wide range of core public services, as well as the amount of money the state ultimately will deposit in a new cash revenue reserve. The conference committee report on the budget must be approved by a majority of each chamber s delegation in order to move on to the floor of the House and Senate. Middle Peninsula Planning District Commission, Page 1

2 The House conference members are: Appropriations Chairman Chris Jones (R-Suffolk), and delegates Chris Peace (R-Mechanicsville); Barry Knight (R-Virginia Beach); Scott Garrett (R- Lynchburg); Luke Torian (D-Prince William); and Mark Sickles (D-Fairfax). Virginia Waterway Management Fund The establishment of a Virginia Waterway Maintenance Fund / Grant Program was established in two legislative proposals -- SB 693, by Sen. Lynwood Lewis, and HB575, introduced by Del. Rob Bloxom. These bills would establish the Virginia Waterway Maintenance Grant Program and Fund, administered by the Virginia Port Authority, and would provide grants to political subdivisions and local governing bodies that propose certain dredging projects and related activities. The bill directs the Authority to manage the Grant Program by developing guidelines and procedures for the application process and for the awarding of annual grants. Funding for this proposed initiative was included in the proposed House of Delegates budget but was not included in the Senate version. On Friday, the House Appropriations Committee unanimously approved SB693 (Del. Bloxom s HB575 was tabled earlier in the Session), connecting the proposed legislation to the proposed funding of the program within the House budget. The approval of SB693 by the full Appropriations Committee represents a committee to the development of the Waterway Maintenance Program in the budget. The resolution of the funding and funding mechanism will be resolved in the budget conference discussions held between the House and Senate conferees. During the week several conversations were held with members of the Appropriations Committee and Appropriations Committee staff regarding the language in SB693 and the proposed budget amendment. As a reminder, SB693 requested the Port Authority to oversee the grant program while the budget amendment specifies the Marine Resources Commission to manage the program. The $1.35 million of general fund revenues included in the proposed House budget would enhance and improve recreation opportunities for boaters, including but not limited to land acquisition, capital projects, maintenance, and facilities for boating access to the waters of the Commonwealth. The amounts shall be utilized specifically as grants of funds to political subdivisions or local governments of the Commonwealth to support a dredging project or projects that have been approved by the Commission. Key Legislative Initiatives This past week saw the final committee action of legislative priorities for the Middle Peninsula PDC. On Thursday HB1096, requesting the Marine Resources Commission to establish fasttrack permitting for the purpose of dredging, was unanimously approved by the Senate Agriculture, Conservation and Natural Resource Committee, and is headed to the full Senate for final approval. All of the key legislative initiatives for the Middle Peninsula PDC were either approved or will be discussed further before the 2019 Session, as instructed by the chair of the House Agriculture, Chesapeake and Natural Resources committee. A summary of these legislative initiatives and status are provided below: Middle Peninsula Planning District Commission, Page 2

3 HB1093 [adds dredging to purpose of Middle Peninsula Chesapeake Bay Public Access Authority] has been approved by both House and Senate. HB1095 [permits access authorities in Northern Neck, Eastern Shore and Middle Peninsula to work together on dredging projects] has been approved by both House and Senate. House Bill1091 [adds dredging to VRA projects], has been communicated to Governor's office. House Bill1092 [establishes local option TIF for dredging], has been communicated to Governor s office. House Bill1096 [requests MRC to establish fast-track permitting], approved unanimously by Senate Agriculture, Conservation and Natural Resources meeting and has been communicated to full Senate. House Bill1307 [establishes tiered approach to water quality technical criteria relating to Stormwater Management], has been communicated to Governor s office. House Bill1308 [allows for acceptance of a local stormwater plan signed by a licensed professional in lieu of review], has been communicated to Governor s office. House Bill1094 [allowing a landowner to raise the base elevation of his land to mitigate flooding] will be analyzed by VIMS prior to the 2019 Session. House Bill1566 [acceptance of a stormwater management plan by a signed professional engineer in lieu of a review for land-disturbing activity of greater than one acre] will be analyzed by DEQ prior to the 2019 Session. Other Legislation of Interest As mentioned previously, the Middle Peninsula is one of several geographic areas of Virginia supporting Del. Will Moorefield s HB222 and Sen. Bill Stanley s SB883. These bills provide an economic development incentive targeted to the income tax for qualified localities - including those in the Middle Peninsula - should an investment meet certain threshold requirements. The Senate and House made modifications to these bills, and so as a course of the legislative process will be resolved in a conference committee. Members of conference for HB222 and SB883 were assigned during the past week. A bill introduced that would prohibit hydraulic fracturing in the Eastern Virginia Groundwater Management Area failed to advance in this year s Session. Included below are a number of legislative initiatives that have been approved by the House and Senate or are advancing quickly. These are included as information. Middle Peninsula Planning District Commission, Page 3

4 o HB211, which lengthens a ground water withdrawal permit to 15 years o HB771, which creates a Potomac Aquifer recharge monitoring advisory board and laboratory o HB853, which exempts a member of an American Indian tribe from requirements for obtaining a saltwater recreational fishing license and a commercial gear license o HB1427, which establishes wireless support fees for rights-of-way use o HB1491, which authorizes the Marine Resources Commission to convey the Dominion an easement and rights-of-way needed to construct an underground transmission line across the Rappahannock in Middlesex and Lancaster counties o HJ26, which continues the Joint Subcommittee on Coastal Flooding for two additional years o SB211, which includes the option of including in a comprehensive plan the addition of a provision that provides for the availability, quality and sustainability of groundwater and surface water. o SB405, which establishes parameters regarding applications for zoning approvals for certain wireless support structures o SB567, which requires agricultural operations to be in compliance (defined in bill), with applicable laws, regulations and BMPs in order to be exempt from becoming a public or private nuisance. Please let me know if you have any questions regarding anything contained in this report. R. G. Crockett Legislation Summary Review/Status [Most recent legislative action highlighted] SB 693 Virginia Waterway Maintenance Fund and Grant Program; established. Chief patron: Lewis Summary as passed Senate: Virginia Waterway Maintenance Fund; Grant Program. Establishes the Virginia Waterway Maintenance Grant Program and Fund, administered by the Virginia Port Authority (the Authority), to provide grants, from funds transferred to the Fund from Commonwealth Port Fund, to political subdivisions and local governing bodies that propose certain dredging projects and related activities. The bill directs the Authority to manage the Grant Program by developing guidelines and procedures for the application process and for the awarding of annual grants. 03/02/18 House: Reported from Appropriations (21-Y 0-N) HB 493 Stormwater Local Assistance Fund; recipient of grants to use portion to pay administrative costs. Chief patron: Hodges Stormwater Local Assistance Fund; grants; administrative costs. Authorizes the recipient of a grant from the Stormwater Local Assistance Fund to use a portion of the grant funds to pay for reasonable administrative costs. The bill also allows a grant recipient to count the fair market value of administrative services as an in-kind match for as much as half of the amount of any matching funds required. Middle Peninsula Planning District Commission, Page 4

5 01/08/18 House: Referred to Committee on Agriculture, Chesapeake and Natural Resources 01/15/18 House: Assigned ACNRsub: Subcommittee #3 01/30/18 House: Impact statement from DPB (HB493) 01/30/18 House: Subcommittee recommends passing by indefinitely (7-Y 1-N) HB 494 Land development; replacement of trees, locality within Chesapeake Bay watershed. Chief patron: Hodges Summary as passed: Land development; replacement of trees; locality within Chesapeake Bay watershed. Authorizes any locality within the Chesapeake Bay watershed to adopt an ordinance providing for the planting and replacement of trees during the development process. Currently, only a locality with a population density of 75 persons per square mile may adopt such an ordinance. The bill contains technical amendments. 03/01/18 House: Enrolled 03/01/18 House: Bill text as passed House and Senate (HB494ER) HB 508 Solar facilities; local regulation. Chief patron: Hodges Summary as passed: Local regulation of solar facilities. Provides that a property owner may install a solar facility on the roof of a dwelling or other building to serve the electricity or thermal needs of that dwelling or building, provided that such installation is in compliance with any height and setback requirements in the zoning district where such property is located as well as any provisions pertaining to any local historic or architectural preservation district. Unless a local ordinance provides otherwise, a ground-mounted solar energy generation facility shall also be permitted, provided that such installation is in compliance with any height and setback requirements in the zoning district where such property is located as well as any provision pertaining to any local historic district. Any other proposed solar facility, including any solar facility that is designed to serve, or serves, the electricity or thermal needs of any property other than the property where such facilities are located, shall be subject to any applicable zoning regulations of the locality. The bill requires that any ground-mounted solar energy generation facility existing as of January 1, 2018, be deemed a legal nonconforming use, with certain exceptions. The bill has a delayed effective date of January 1, 2019, with respect to ground-mounted solar energy generation facilities. This bill is identical to SB /01/18 House: Enrolled 03/01/18 House: Bill text as passed House and Senate (HB508ER) HB 509 Comprehensive plan; solar facilities. Chief patron: Hodges Comprehensive plan; solar facilities. Provides that a solar facility subject to provisions requiring the facility to be substantially in accord with a locality's comprehensive plan shall be deemed to be substantially in accord with the comprehensive plan if (i) such proposed solar facility is located in a zoning district that allows such solar facilities by right or (ii) such proposed solar facility is designed to serve the electricity or thermal needs of the property upon which such facility is located, or will be owned or operated by an eligible customer-generator or eligible agricultural customer-generator under or by a small agricultural generator under The bill authorizes a locality to allow for a substantial accord review for other solar facilities to be advertised and approved concurrently in a public hearing process with a rezoning, special exception, or other approval process. This bill is identical to SB /27/18 House: Enrolled 02/27/18 House: Bill text as passed House and Senate (HB509ER) Middle Peninsula Planning District Commission, Page 5

6 HB 574 Va. Public Procurement Act; cooperative procurement, stream restoration & stormwater management. Chief patron: Hodges Virginia Public Procurement Act; cooperative procurement; stream restoration and stormwater management. Excludes the purchase of (i) stream restoration and (ii) stormwater management practices, and all associated and necessary construction and maintenance, from the prohibition on using cooperative procurement to purchase construction. This bill is identical to SB /26/18 House: Signed by Speaker 02/28/18 Senate: Signed by President 03/02/18 House: Enrolled Bill communicated to Governor on March 2, /02/18 Governor: Governor's Action Deadline Midnight, March 9, 2018 HB 1035 Virginia Water Supply Revolving Fund; loans for regional projects. Chief patron: Hodges Virginia Water Supply Revolving Fund; preference in Eastern Virginia for projects not involving withdrawal of groundwater from certain aquifers. Directs the Board of Health, when making loans, loan subsidies, or grants for regional water projects in the Eastern Virginia Groundwater Management Area, to give preference to projects that do not involve the withdrawal of groundwater from the coastal plain aquifer. 02/22/18 House: Signed by Speaker 02/23/18 Senate: Signed by President 02/26/18 House: Enrolled Bill communicated to Governor on February 26, /26/18 Governor: Governor's Action Deadline Midnight, March 5, 2018 HB 1036 Eastern Virginia groundwater management; Department of Environmental Quality to convene a forum. Chief patron: Hodges Eastern Virginia groundwater management; trading work group. Directs the Department of Environmental Quality (the Department) to convene a work group to assist the Department in carrying out the 2017 recommendation of the Eastern Virginia Groundwater Management Advisory Committee that an aquifer storage and recovery banking system be developed. The work group shall report its recommendations no later than July 1, /01/18 Senate: Reported from Agriculture, Conservation and Natural Resources (11-Y 0-N) HB 1091 Virginia Resources Authority; dredging projects. Chief patron: Hodges Virginia Resources Authority; dredging projects. Includes within the definition of the term "project" any dredging program or project undertaken to benefit the economic and community development goals of a local government, other than a dredging program or dredging project undertaken for or by the Virginia Port Authority. 02/22/18 House: Signed by Speaker 02/23/18 Senate: Signed by President 02/26/18 House: Enrolled Bill communicated to Governor on February 26, /26/18 Governor: Governor's Action Deadline Midnight, March 5, 2018 HB 1092 Dredging projects; tax increment, financing. Chief patron: Hodges Summary as passed: Tax increment financing; dredging projects. Specifies that dredging projects are development projects eligible for tax increment financing. A dredging project by or for the Virginia Port Authority is not Middle Peninsula Planning District Commission, Page 6

7 eligible for such financing unless the Authority has an agreement with a local governing body for local financial participation in the project. 02/22/18 House: Signed by Speaker 02/23/18 Senate: Signed by President 02/26/18 House: Enrolled Bill communicated to Governor on February 26, 2018 HB 1093 Middle Peninsula Chesapeake Bay Public Access Authority; duties. Chief patron: Hodges Middle Peninsula Chesapeake Bay Public Access Authority; purpose. Authorizes the Middle Peninsula Chesapeake Bay Public Access Authority (the Authority) to receive and expend public funds and private donations and apply for permits in order to perform dredging projects on waterways and construct facilities and infrastructure within the region for which the Authority exists. The bill requires such projects to enhance recreational or commercial public access. 02/27/18 House: Enrolled 02/27/18 House: Bill text as passed House and Senate (HB1093ER) HB 1094 Chesapeake Bay Preservation Areas; regulations, local permit to raise land. Chief patron: Hodges Chesapeake Bay Preservation Areas; regulations; local permit to raise land. Directs the State Water Control Board to adopt regulations to establish criteria for use by local governments in granting, denying, or modifying a request by any landowner within a Chesapeake Bay Preservation Area to raise the base elevation of his land for the purpose of mitigating the effects of flooding. 02/06/18 House: Subcommittee recommends striking from docket (10-Y 0-N) HB 1095 Chesapeake Bay public water access authorities; regional dredging. Chief patron: Hodges Chesapeake Bay public water access authorities; regional dredging. Authorizes the Middle Peninsula Chesapeake Bay Public Access Authority and the Northern Neck Chesapeake Bay Public Access Authority to undertake dredging projects and authorizes those public access authorities and the Eastern Shore Water Access Authority, which currently is empowered to undertake dredging projects, to work together in any combination to undertake dredging projects in any of their jurisdictions. 02/27/18 House: Enrolled 02/27/18 House: Bill text as passed House and Senate (HB1095ER) HB 1096 Dredged material siting; fast-track permitting program. Chief patron: Hodges Patron: Hodges Dredged material siting; fast-track permitting program. Directs the Marine Resources Commission to develop a fast-track regulatory permitting program for the selection and use of appropriate sites for the disposal of dredged material, to be effective no later than July 1, /01/18 Senate: Reported from Agriculture, Conservation and Natural Resources (10-Y 0-N 1-A) HB 1307 Stormwater management; rural Tidewater, tiered approach to water quantity technical criteria. Chief patron: Hodges Stormwater management; rural Tidewater; tiered approach to water quantity technical criteria; impervious cover percentage. Allows any rural Tidewater locality, as defined in the bill, to comply with water quantity technical criteria for certain land-disturbing activities based on the percentage of impervious Middle Peninsula Planning District Commission, Page 7

8 cover in the watershed. The bill provides that any eligible locality electing to use certain control standards shall, by ordinance, adopt an official map that indicates the percentage of impervious cover in each watershed within the locality and shall update the map at least annually. The bill allows any such locality to apply one of the following three standards for managing water quantity to any new development project: (i) if the site, as indicated on the map, has less than 5.0 percent impervious cover, the standard shall be a particular State Water Control Board regulation; (ii) if the watershed has 5.0 percent or more but less than 7.5 percent impervious cover, the standard shall be the one-year, 24-hour release method; and (iii) if the watershed has 7.5 percent or more impervious cover, the standard shall be the energy balance method. The bill provides that any project whose construction would cause the watershed in which it is located to step up to the next higher tier shall be evaluated under the energy balance method or a more stringent alternative. The bill also directs the Department of Environmental Quality to use an appropriate new or existing Regulatory Advisory Panel to assist in clarifying the interpretation and application of the MS-19 standard. 02/22/18 House: Signed by Speaker 02/23/18 Senate: Signed by President 02/26/18 House: Enrolled Bill communicated to Governor on February 26, /26/18 Governor: Governor's Action Deadline Midnight, March 5, 2018 HB 1308 Stormwater management; local plan review, acceptance of signed plan in lieu of review. Chief patron: Hodges Stormwater; local plan review; acceptance of signed plan in lieu of review. Authorizes any rural Tidewater locality, whether or not it has opted out of administering a stormwater or erosion and sediment control program, to require that a licensed professional retained by the applicant submit a set of plans and supporting calculations for land-disturbing activities that disturb 2,500 square feet or more but less than one acre of land. The bill requires the plans to bear a certification and to be signed and sealed by the professional. The locality is authorized to accept such plans in satisfaction of the local plan review requirement. The bill also directs the Department of Environmental Quality to examine the possibility of expanding the use of the agreement in lieu of a stormwater management plan, currently authorized for use in the construction of certain single-family residences, to include any nonresidential development site of less than one acre in a rural Tidewater locality. 02/22/18 House: Signed by Speaker 02/23/18 Senate: Signed by President 02/26/18 House: Enrolled Bill communicated to Governor on February 26, /26/18 Governor: Governor's Action Deadline Midnight, March 5, 2018 HB 1566 Stormwater; local plan review, acceptance of plan by professional engineer in lieu of review. Chief patron: Hodges Stormwater; local plan review; acceptance of plan by professional engineer in lieu of review. Authorizes any stormwater management program authority or erosion and sediment control program authority, or a locality that has opted out of administering a stormwater or erosion and sediment control program, to require that a licensed professional engineer retained by the applicant submit a set of plans and supporting calculations for land-disturbing activities of greater than one acre in extent. The bill requires the plans to be signed and stamped by the engineer. The program authority or locality is required to accept such plans in satisfaction of the local plan review requirement. 01/31/18 House: Stricken from docket by Agriculture, Chesapeake and Natural Resources (22-Y 0-N) HB 1567 Watercraft; optional county fee. Chief patron: Hodges Middle Peninsula Planning District Commission, Page 8

9 Optional county watercraft fee. Authorizes counties to adopt by ordinance an annual watercraft fee for watercraft and boats that are privately owned, used solely for recreational purposes, and operated, docked, stored, or kept within county limits for more than 180 days per year. The bill provides that the fee shall be calculated according to the length of the boat and shall not exceed $150 per year. 01/31/18 House: Subcommittee recommends striking from docket (10-Y 0-N) HJ 142 Recovery Sunday; designating as third Sunday of September 2018, and each succeeding year thereafter. Chief patron: Hodges Patrons: Hodges, Adams, D.M., Adams, L.R., Aird, Ayala, Bagby, Bell, John J., Bell, Richard P., Bloxom, Bourne, Boysko, Bulova, Campbell, Carr, Carroll Foy, Cline, Cole, Collins, Cox, Davis, Delaney, Edmunds, Fariss, Filler-Corn, Fowler, Freitas, Garrett, Gooditis, Guzman, Habeeb, Hayes, Head, Helsel, Heretick, Herring, Hope, Hurst, Ingram, James, Jones, J.C., Jones, S.C., Keam, Kilgore, Knight, Kory, Krizek, Landes, LaRock, Leftwich, Levine, Lindsey, Lopez, Marshall, McGuire, McQuinn, Morefield, Mullin, Murphy, O'Quinn, Orrock, Peace, Pillion, Pogge, Poindexter, Rasoul, Reid, Robinson, Rodman, Roem, Rush, Sickles, Simon, Stolle, Sullivan, Thomas, Torian, Toscano, Tran, Turpin, Tyler, VanValkenburg, Watts, Webert, Wilt and Wright Recovery Sunday. Designating the third Sunday of September, in 2018 and in each succeeding year, as Recovery Sunday in Virginia. 02/12/18 House: VOTE: BLOCK VOTE ADOPTION #2 (98-Y 0-N) SB 951 Eastern Virginia; hydraulic fracturing prohibited. Chief patron: Surovell Eastern Virginia; hydraulic fracturing prohibited. Prohibits hydraulic fracturing, as defined in the bill, in the Eastern Virginia Groundwater Management Area. 02/08/18 Senate: Failed to report (defeated) in Finance (8-Y 8-N) HB 222 Income tax, corporate & state; modification for certain companies & subtraction for their employees. Chief patron: Morefield Patrons: Morefield, Campbell, Hodges, Adams, L.R., Aird, Ayala, Bell, John J., Bell, Richard P., Boysko, Carroll Foy, Davis, Edmunds, Filler-Corn, Guzman, Head, Heretick, Hope, Hugo, Hurst, Jones, J.C., Keam, Kilgore, Levine, Marshall, McGuire, Miyares, Murphy, Pillion, Plum, Pogge, Price, Rasoul, Reid, Roem, Sickles, Sullivan, Tran, Turpin, Watts and Wright; Senators: Carrico, Chafin and Stanley Income tax; modification for certain companies and subtraction for their employees; local grants. Establishes an income tax modification for companies that, from 2018 through 2028, either (i) invest at least $5 million in new capital investment in a qualified locality and create at least 10 jobs paying at least twice the minimum wage in a qualified locality or (ii) create at least 50 jobs paying at least twice the minimum wage in a qualified locality. A company is eligible to claim the modification only if it had no property or payroll in Virginia on the effective date of the act. The bill defines "qualified locality" to include (a) the Counties of Bland, Buchanan, Carroll, Craig, Dickenson, Giles, Grayson, Lee, Russell, Scott, Smyth, Tazewell, Wise, and Wythe and the Cities of Bristol, Galax, and Norton; (b) the Counties of Amelia, Appomattox, Buckingham, Charlotte, Cumberland, Halifax, Henry, Lunenburg, Mecklenburg, Nottoway, Patrick, Pittsylvania, and Prince Edward and the Cities of Danville and Martinsville; (c) the Counties of Accomack, Caroline, Essex, Gloucester, King and Queen, King William, Lancaster, Mathews, Middlesex, Northampton, Northumberland, Richmond, and Westmoreland; and (d) the City of Petersburg. "Qualified locality" also includes certain real property owned or partly owned by such Middle Peninsula Planning District Commission, Page 9

10 localities outside of their territorial boundaries. The bill requires a company to obtain annual certification from the Virginia Economic Development Partnership Authority (the Authority) that the company will have a positive fiscal impact on Virginia, based on consideration of certain factors. It directs the Authority to deny certification to any company that reorganizes for the purpose of taking advantage of the tax benefits provided by the bill. Generally, the amount of the modification is the value of the company's property and payroll in qualified localities. The bill provides similar modifications for industries that use different apportionment formulas, including motor carriers, financial companies, construction companies, railway companies, manufacturing companies, retailers, and businesses with enterprise data center operations. The bill also establishes a subtraction from individual income tax for employees of an eligible company. Such employees may subtract up to $250,000 of compensation received from an eligible company. Eligibility for the corporate and individual income tax subtractions shall continue for nine years following the year in which the company initially makes a modification to its apportionment formula. Continuing eligibility is contingent on the company's maintaining its capital investment and jobs created in qualified localities. The bill permits qualified localities to provide grants and loans to companies that qualify for the modification provided by the bill. 02/28/18 Senate: Conferees appointed by Senate 02/28/18 Senate: Senators: Stanley, Hanger, Howell 02/28/18 House: Conferees appointed by House 02/28/18 House: Delegates: Morefield, Hugo, Aird SB 883 Income tax; modification for certain companies and subtraction for their employees, local grants. Chief patron: Stanley Patrons: Stanley, Carrico, Chafin and Lewis; Delegates: Campbell, Morefield, Adams, L.R., Aird, Bell, Richard P., Boysko, Davis, Edmunds, Filler-Corn, Freitas, Hodges, Hurst, Jones, J.C., Keam, Kilgore, Marshall, Pogge, Reid, Sullivan and Watts Summary as passed Senate: Income tax; modification for certain companies and subtraction for their employees; local grants. Establishes an income tax modification for companies that, from 2018 through 2028, either (i) invest at least $5 million in new capital investment in a qualified locality and create at least 10 jobs paying at least twice the minimum wage in a qualified locality or (ii) create at least 50 jobs paying at least twice the minimum wage in a qualified locality. A company is eligible to claim the modification only if it had no property or payroll in Virginia on the effective date of the act. The bill defines "qualified locality" to include (a) the Counties of Bland, Buchanan, Carroll, Dickenson, Giles, Grayson, Lee, Russell, Scott, Smyth, Tazewell, Wise, and Wythe and the Cities of Bristol, Galax, and Norton; (b) the Counties of Amelia, Appomattox, Buckingham, Charlotte, Cumberland, Halifax, Henry, Lunenburg, Mecklenburg, Nottoway, Patrick, Pittsylvania, and Prince Edward and the Cities of Danville and Martinsville; (c) the Counties of Accomack, Caroline, Essex, Gloucester, King and Queen, King William, Lancaster, Mathews, Middlesex, Northampton, Northumberland, Richmond, and Westmoreland; and (d) the City of Petersburg. "Qualified locality" also includes certain real property owned or partly owned by such localities outside of their territorial boundaries. The bill requires a company to obtain annual certification from the Virginia Economic Development Partnership Authority (the Authority) that the company will have a positive fiscal impact on Virginia, based on consideration of certain factors. It directs the Authority to deny certification to any company that reorganizes for the purpose of taking advantage of the tax benefits provided by the bill. Generally, the amount of the modification is the value of the company's property and payroll in qualified localities. The bill provides similar modifications for industries that use different apportionment formulas, including motor carriers, financial companies, construction companies, railway companies, manufacturing companies, retailers, and businesses with enterprise data center operations. The bill also establishes a Middle Peninsula Planning District Commission, Page 10

11 subtraction from individual income tax for employees of an eligible company. Such employees may subtract up to $250,000 of compensation received from an eligible company. Eligibility for the corporate and individual income tax subtractions shall continue for nine years following the year in which the company initially makes a modification to its apportionment formula. Continuing eligibility is contingent on the company's maintaining its capital investment and jobs created in qualified localities. The bill permits qualified localities to provide grants and loans to companies that qualify for the modification provided by the bill. 02/28/18 Senate: Conferees appointed by Senate 02/28/18 Senate: Senators: Stanley, Hanger, Howell 02/28/18 House: Conferees appointed by House 02/28/18 House: Delegates: Morefield, Hugo, Aird HB 211 Ground water withdrawal permit term; lengthening to 15 years, permit fee. Chief patron: Wright Ground water withdrawal permit term; lengthening to 15 years; permit fee. Lengthens from 10 years to 15 years the maximum term of a ground water withdrawal permit issued by the State Water Control Board. The bill also lengthens from 10 years to 15 years the maximum term of a ground water withdrawal special exception and directs the Board to raise the applicable permit fee from $6,000 to $9,000. The bill contains technical amendments. 03/01/18 House: Bill text as passed House and Senate (HB211ER) HB 771 Potomac Aquifer recharge monitoring; creates advisory board and laboratory. Chief patron: Jones, S.C. Potomac Aquifer recharge monitoring; advisory board; laboratory established; SWIFT Project. Creates an advisory board and a laboratory to monitor the effects of the Sustainable Water Infrastructure for Tomorrow (SWIFT) Project being undertaken by the Hampton Roads Sanitation District (HRSD). The bill establishes an eight-member advisory board called the Potomac Aquifer Recharge Oversight Committee (the Committee), directing it to ensure that the SWIFT Project is monitored independently. The bill provides that the Committee shall consist of the State Health Commissioner, the Director of the Department of Environmental Quality, the Executive Director of the Hampton Roads Planning District Commission, the two Co-Directors of the Laboratory, the Director of the Occoquan Watershed Monitoring Laboratory, and two Virginia citizens appointed by the Governor, and the bill also provides for two nonvoting members. The Committee is required by the bill to meet at least quarterly during the initial three years of its existence. The bill also authorizes the Committee to appoint a science and technical advisory council and directs the Committee to request funding from HRSD for the first three years of monitoring of the recharge of the aquifer. The bill also creates the Potomac Aquifer Recharge Monitoring Laboratory (the Laboratory) at Old Dominion University (ODU), placing it under the direction of an ODU faculty member and the co-direction of a faculty member at Virginia Tech. The bill provides that the Laboratory shall monitor the impact of the SWIFT Project on the Potomac Aquifer, manage testing data, and conduct water sampling and analysis. The bill authorizes both the Commissioner of the Department of Health and the State Water Control Board to issue emergency orders to halt injection or make any change to any facility of the SWIFT Project. 02/13/18 House: Read third time and passed House (97-Y 0-N 1-A) 02/13/18 House: VOTE: PASSAGE (97-Y 0-N 1-A) 02/14/18 Senate: Constitutional reading dispensed 02/14/18 Senate: Referred to Committee on Agriculture, Conservation and Natural Resources Middle Peninsula Planning District Commission, Page 11

12 03/01/18 Senate: Reported from Agriculture, Conservation and Natural Resources with amendment (13-Y 0-N) HB 853 Saltwater recreational fishing license; member of American Indian tribe exempt. Chief patron: Peace Saltwater recreational fishing license; member of Indian tribe exempt. Exempts from the requirements of obtaining a saltwater recreational fishing license and a commercial gear license for recreational purposes any person who is a member of an American Indian tribe that is recognized by the Commonwealth. The bill requires such person to carry an identification card or other documentation of the fact that he is a member of the tribe and provides that such documentation shall create a presumption of residence in Virginia that may be rebutted by proof of actual residence elsewhere. 02/26/18 House: Enrolled Bill communicated to Governor on February 26, /26/18 Governor: Governor's Action Deadline Midnight, March 5, 2018 HB 1427 Wireless support structures; public rights-of-way use fees established. Chief patron: Kilgore Wireless support structures; public rights-of-way use fees. Establishes an annual wireless support structure public rights-of-way use fee to be charged to wireless services providers and wireless infrastructure providers in connection with a permit for occupation and use of the public rights-of-way under the jurisdiction of the Department of Transportation (VDOT) or a locality for the construction of new wireless support structures. The amount of the use fee is (i) $1,000 for any wireless support structure at or below 50 feet in height; (ii) $3,000 for any wireless support structure above 50 feet and at or below 120 feet in height; (iii) $5,000 for any wireless support structure above 120 feet in height; and (iv) $1 per square foot for any other equipment, shelter, or associated facilities constructed on the ground. The measure provides that the use fee amounts shall be adjusted every five years on the basis of inflation. The measure also provides that an existing agreement, contract, license, easement, or permit allowing the use of the public rights-of-way by a wireless services provider or wireless infrastructure provider may be enforced by VDOT or the locality only until the current term of the agreement, contract, license, easement, or permit expires. This bill is identical to SB /01/18 House: Bill text as passed House and Senate (HB1427ER) HB 1491 Marine Resources Commission; conveyance of easement and rights-of-way across Rappahannock River. Chief patron: Ransone Marine Resources Commission; conveyance of easement and rights-of-way; Rappahannock River. Authorizes the Virginia Marine Resources Commission to convey to Virginia Electric and Power Company (Dominion Virginia Power) an easement and rights-of-way needed for constructing and maintaining an underground electric transmission line across the Rappahannock River in Middlesex and Lancaster Counties. The bill provides that none of the right-of-way property that lies within the Baylor Survey shall be considered part of the natural oyster beds, rocks, and shoals of the Commonwealth. 02/28/18 House: Bill text as passed House and Senate (HB1491ER) HJ 26 Coastal Flooding, Joint Subcommittee on; continued, report. Chief patron: Stolle Patrons: Stolle, Convirs-Fowler, Davis, Filler-Corn, Helsel, James, Keam and Knight; Senators: Lewis, Locke and Wagner Study; continuing the Joint Subcommittee on Coastal Flooding; report. Continues the Joint Subcommittee on Coastal Flooding for two additional years, through the 2019 interim. Middle Peninsula Planning District Commission, Page 12

13 03/02/18 Senate: Reading waived (38-Y 0-N) SB 211 Comprehensive plans; groundwater and surface water. Chief patron: Stuart Patrons: Stuart and Mason; Delegate: Cole Summary as passed: Comprehensive plans; groundwater and surface water. Authorizes a locality to show in the locality's comprehensive plan the locality's long-range recommendations for groundwater and surface water availability, quality, and sustainability. The bill requires the local planning commission to survey and study groundwater and surface water availability, quality, and sustainability in the preparation of a comprehensive plan. 02/28/18 Senate: Bill text as passed Senate and House (SB211ER) SB 405 Wireless communications infrastructure; zoning. Chief patron: McDougle Summary as passed Senate: Zoning for wireless communications infrastructure. Establishes parameters regarding applications for zoning approvals for certain wireless support structures. Applications for certain new wireless support structures that are 50 feet or less above ground level and for the co-location on an existing structure of a wireless facility that is not a small cell facility are exempt from requirements that they obtain a special exception, special use permit, or variance, though a locality may require administrative review for the issuance of any zoning permits or an acknowledgement that zoning approval is not required for such projects. Aspects of the zoning approval process addressed in this measure include periods for approval or disapproval of applications, a requirement that applications are deemed approved if not approved or disapproved within the applicable period; application fees; a prohibition against unreasonably discriminating between applicants and other wireless services providers, providers of telecommunications services, and nonpublic providers of cable television and electric services; and limits on the number of new wireless support structures that can be installed in a specific location. The measure prohibits a locality, in its receiving, consideration, and processing of an application for zoning approval, from engaging in certain activities. The measure states that it does not prohibit a locality from disapproving an application submitted under a standard process project on the basis of the availability of existing wireless support structures within a reasonable distance that could be used for co-location at reasonable terms and conditions without imposing technical limitations on the applicant. 03/01/18 House: Read second time 03/02/18 House: Passed by for the day SB 567 Agricultural operations; nuisance. Chief patron: Obenshain Summary as passed Senate: Agricultural operations; nuisance. Requires agricultural operations to be in substantial compliance, defined in the bill, with applicable laws, regulations, and best management practices in order to be exempt from becoming a public or private nuisance. The bill prohibits a person from bringing a nuisance action against any agricultural operation the existence of which was known or reasonably knowable when that person's use or occupancy of his property began. The bill also prohibits anyone other than a person with an ownership interest in the affected property from bringing an action for private nuisance and sets out certain limitations on recovery for compensatory damages. 03/02/18 House: Read second time SB 993 Local planning commissions; proposed plats. Chief patron: Reeves Summary as passed Senate: Local planning commissions; proposed plats. Prohibits a local planning commission from delaying the official submission of any proposed plat, site plan, or plan of development by requiring presubmission Middle Peninsula Planning District Commission, Page 13

14 conferences, meetings, or reviews. The bill eliminates exemptions (i) for deficiencies caused by changes, errors, or omissions occurring in the applicant's plat, site plan, or plan of development filings after the initial submission of such plat, site plan, or plan of development and (ii) from the review and approval of construction plans. 02/28/18 House: Passed House (95-Y 4-N) Middle Peninsula Planning District Commission, Page 14