Legislative Update. Bills and Resolutions affecting Hanover County 2017 General Assembly Session. February 8, 2017

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1 Legislative Update Bills and Resolutions affecting Hanover County 2017 General Assembly Session February 8, 2017

2 Bills addressing matters contained in Board s Legislative Agenda for 2017 Session Action items Request that date that primary elections held in June move from second Tuesday to third Tuesday No legislation was introduced

3 Board s Legislative Agenda action items Request that the General Assembly amend the provisions of the Code of Virginia to clarify the changes regarding the acceptance of proffers in residential rezonings made in the 2016 Session. HB Conditional rezoning proffers; definition of public facilities (Del. Dudenhefer) Expands the definition of public facilities to include libraries, court facilities, and certain other public buildings. The bill also provides that when considering the offsite impact of a development on public facilities for purposes of determining the reasonableness of an offsite proffer, the time period of consideration is extended through the anticipated completion of the development 01/18/17 House Counties Cities and Towns: Subcommittee recommends laying on the table (8-Y 1-N) HB 1735 Conditional rezoning proffers (Del. Bulova) Provides that for purposes of determining what constitutes the requesting of an unreasonable proffer, the term "locality" shall not include a person participating at a meeting sponsored by a locality for the purpose of facilitating communication among interested parties and the applicant, provided that the person does not have a statutory role in the approval of a rezoning or a proffer condition amendment. 01/18/17 House Counties Cities and Towns : Subcommittee recommends laying on the table by voice vote

4 Board s Legislative Agenda action items Request that the General Assembly amend the provisions of the Code of Virginia to clarify the changes regarding the acceptance of proffers in residential rezonings made in the 2016 Session. HB 1899 Conditional zoning proffers; affordable dwelling units (Del. John Bell) Exempts onsite proffers related to affordable dwelling units from provisions that determine whether a proffer is unreasonable 01/18/17 House: Subcommittee recommends laying on the table by voice vote SB 857 Conditional rezoning; certain conditional rezoning proffers, floor area ratio (Sen. Locke) Reduces from 3.0 to 2.0 the minimum floor area ratio necessary for a new residential development to be exempted from provisions applicable to certain proffers as a condition for rezoning. 01/31/17 Senate: Passed by indefinitely in Local Government (10-Y 3-N)

5 Positions on Legislation Anticipated to come before the 2017 Session Support legislation that would provide counties with the same local taxing authority as cities in order that counties might reduce their dependence on real estate and personal property taxes. HB 1565 Local tax and regulatory incentives; green development zones. (Del. Webert) Authorizes localities to create green development zones that provide certain tax incentives and regulatory flexibility for up to 10 years to a business operating in an energy-efficient building or to a business that produces products used to reduce negative impact on the environment. 01/26/17 House: VOTE: PASSAGE (79-Y 20-N) 01/27/17 Senate: Referred to Committee on Finance HB 1884 Real property tax; exemption for certain surviving spouses (Del. Hugo) Authorizes localities to exempt the primary residence of the surviving spouse of a law-enforcement officer, firefighter, search and rescue personnel, and emergency medical services personnel who is killed in the line of duty. The exemption does not apply to that portion of the value of the residence in excess of the average assessed value of dwellings in the locality. The bill is pursuant to Article X, Section 6-B of the Constitution of Virginia, which was adopted by the voters in /26/17 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) 01/27/17 Senate: Referred to Committee on Finance

6 Tax-related bills (cont d) HB 1925 Local cigarette tax. (Del. Campbell) Authorizes all counties to impose a cigarette tax. Under current law, only the Counties of Fairfax and Arlington are authorized to impose a cigarette tax. 01/10/17 House: Referred to Committee on Finance 01/27/17 House: Subcommittee recommends laying on the table by voice vote HB 2447 Motor vehicles, local licensure; eliminates ability of a locality to assess local license fees. (Del. Robert Marshall) Eliminates the ability of a locality to assess local license fees for motor vehicles, trailers, and semitrailers. The bill has a delayed effective date of July 1, /07/17 Left in Subcommittee (House Transportation) HJ 577 Constitutional amendment (first resolution); real property tax; assessed value. (Del. Cole) Provides that the General Assembly may authorize any locality to reduce the assessed value of real property, until the property is sold or the owner dies, whose fair market value has increased significantly as a result of public improvements abutting the property. 01/03/17 House: Referred to Committee on Privileges and Elections 01/30/17 House: Subcommittee recommends laying on the table (4-Y 3-N)

7 Tax-related bills (cont d) SB 1268 Localities; public hearings for tax rate increases. (Sen. Ebbin) Authorizes localities to hold hearings on tax rate increases at the same time as the annual budget hearing. Current law requires a hearing on a tax rate increase to occur at a separate proceeding. 01/27/17 Senate: Read third time and passed Senate (27-Y 12-N) 01/31/17 House: Referred to Committee on Finance SB 1296 County food and beverage tax; referendum. (Sen Vogel) Prohibits a county from holding a new referendum on the levy of a food and beverage tax in the three calendar years subsequent to the electoral defeat of such a referendum. The bill also requires the ballot for any such referendum to state the total tax, as a percentage, that would be imposed on food and beverage if the referendum were to pass, based upon a four percent food and beverage tax and any other ad valorem taxes applicable to the purchase of prepared food and beverage in the county. 01/27/17 Senate: Passed Senate (32-Y 7-N) 01/31/17 House: Referred to Committee on Finance SJ 278 Study; local government fiscal stress; report. (Sen. Hanger) Establishes a 15-member joint subcommittee to study local government fiscal stress. The two-year joint subcommittee shall review (i) the taxing authorities of local governments, including the disparity between city and county tax authority; (ii) local responsibilities for service delivery of state-mandated or high priority programs, (iii) causes of fiscal stress among local governments, (iv) the current state tax system, including the future of the car tax; and (v) potential financial incentives and other governmental reforms to encourage increased regional cooperation and consolidation of services. 02/07/17 Senate: Agreed to by Senate by voice vote

8 Positions on Legislation Anticipated to come before the 2017 Session Support the development of alternative and equivalent additional revenue sources for localities prior to any repeal of the current authority for machinery and tools taxes and business professional occupation license taxes. HB 2104 Machinery and tools tax; valuation, appeal of certain local taxes. (Del. Kathy J. Byron) Permits the commissioner of the revenue to utilize any method that may reasonably be expected to determine actual fair market value of machinery and tools, in addition to specific methods required under current law. The bill also requires the commissioner of the revenue, upon request, to take into account the condition of the machinery and tools, all forms of depreciation, including obsolescence, and any other factor that is not adequately taken into account by the valuation method otherwise used. The bill requires the commissioner of the revenue to provide to taxpayers upon request a description of his valuation methods, any adjustments that have been made to reflect the taxpayer's appraisal or written concerns, and the factual and legal bases on which the commissioner relies for disagreeing with the taxpayer's qualified appraisal. The bill also gives the Tax Commissioner authority to issue advisory written opinions in specific cases to interpret the law related to valuations involving independent appraisals of manufacturers' machinery and tools that are presented by the taxpayer to the commissioner of the revenue. In appeals to the Tax Commissioner of the valuation of machinery and tools, the bill permits the taxpayer to value the property by allocating the total value of all machinery and tools at a facility among individual items of property according to the percentage of the original cost that each such item of property bears to the total original cost of all of the property. The bill also requires the Tax Commissioner to make certain determinations and findings related to the appeal. In appeals of tangible personal property tax on airplanes, boats, campers, recreational vehicles, and trailers and on tangible business personal property, the bill requires the commissioner of the revenue to identify any statement of fact submitted by the taxpayer that the commissioner of the revenue believes to be incorrect. 01/30/17 House: Reported from Finance with amendment (17-Y 5-N) 02/01/17 House: Referred to Committee on Appropriations 02/08/17 House: Left in Appropriations

9 Positions on Legislation Anticipated to come before the 2017 Session Support maintenance of the existing provisions of Va. Code governing the date for the opening of the school year. HB 1983 School calendar; opening day of school year. (Del. Greason) Makes local school boards responsible for setting the school calendar and determining the opening day of the school year and eliminates the post-labor Day opening requirement and "good cause" scenarios for which the Board of Education may grant waivers of this requirement. The bill contains technical amendments. 01/26/17 House: VOTE: PASSAGE (75-Y 24-N) 01/27/17 Senate: Referred to Committee on Education and Health HB 2031 School calendar; opening day of the school year. (Del. Adams) 01/23/17 House: Tabled in Education by voice vote SB 1111 School calendar; adds to "good cause" circumstances for waiver of school opening. (Sen. Edwards) 01/26/17 Senate: Passed by indefinitely in Education and Health (8-Y 7-N)

10 Positions on Legislation Anticipated to come before the 2017 Session Support the adoption of a requirement that all bills that have a local fiscal impact whether localities or local school divisions be filed on the first day of a Session of the General Assembly to provide time for fiscal impact analysis. No legislation was introduced

11 Positions on Legislation Anticipated to come before the 2017 Session Oppose legislation that would preempt local zoning authority over the short term rental of residential properties. SB 1578 Short-term rental; registration of persons offering property for rental. (Sen. Norment) Authorizes a locality to adopt an ordinance requiring the registration of persons offering property for short-term rental. The bill defines "short-term rental" as the provision of a room or space suitable for sleeping or lodging for less than 30 consecutive days. Persons and entities already licensed related to the rental or management of property by the Board of Health, the Real Estate Board, or a locality would not be required to register. The bill authorizes localities to impose fees and penalties on persons who violate the registry ordinance or who offer short-term rentals that have multiple violations of state or federal laws or ordinances, including those related to alcoholic beverage control. The bill amends the Alcoholic Beverage Control (ABC) Act to clarify that certain property rented on a short-term basis is considered a bed and breakfast establishment for purposes of ABC licensing and that the exception from ABC licensing for serving alcoholic beverages to guests in a residence does not apply if the guest is a short-term lessee of the residence. 02/02/17 Senate: Incorporates SB1579 (Stanley) 02/07/17 Senate: Read third time and passed Senate (36-Y 4-N)

12 FOIA-related bills HB 2223 Virginia Freedom of Information Act; right to speak at open meetings. (Del. Kory) Requires that every public body afford an opportunity for public comment during any open meeting and requires that the public comment periods be noticed on the public body's agenda. The bill permits the public body to have discretion in where it places the public comment period on its agenda and permits the public body to adopt reasonable rules governing the public comment portion of the meeting, including imposing reasonable restrictions on time, place, and manner. The bill requires that for meetings of all public bodies, not just those state public bodies on which there is at least one member appointed by the Governor as in current law, the notice provided for any such meeting include a statement as to approximately at what point during the meeting public comment will be received. 02/02/17 House: Tabled in General Laws by voice vote HB2401 Virginia Freedom of Information Act; minutes of closed meetings required, audio recordings. (Del. Morris) Provides that a public body shall (i) take closed meeting minutes, (ii) also make an audio recording of the entirety of every meeting that is closed to the public, and (iii) use a means of recording that fully captures and can clearly reproduce all statements made during a closed meeting. The bill provides that the minutes or recordings made shall not be subject to the disclosure provisions of FOIA. 01/18/17 House: Referred to Committee on General Laws 01/31/17 House: Subcommittee recommends laying on the table by voice vote

13 FOIA-related bills HB 2402 Virginia Freedom of Information Act; willful violations, grounds for termination. (Del. Morris) Provides that if the court finds that any officer or employee of a public body (i) receives a request for records that was sent by a requester by certified mail, return receipt requested, and (ii) without legal excuse or justification, deliberately, willfully, and knowingly fails to make a response to such request, such officer or employee may be terminated for cause by his appointing authority or agency head. 02/07/17 House: Read third time and passed House (67-Y 27-N) SB 1102 FOIA; records of completed unattended death investigations, definition, mandatory disclosure. (Sen. Surovell) Requires that records of completed unattended death investigations to the parent or spouse of the decedent or, if there is no living parent or spouse, to the most immediate family member of the decedent. The bill also defines "unattended death" and "immediate family member." 01/27/17 Senate: Read third time and passed Senate (39-Y 0-N) 01/31/17 House: Referred to Committee on General Laws

14 FOIA-related bills SB 1103 FOIA; closed meeting violations, civil penalty. (Sen. Surovell) Provides that in addition to any penalties imposed under FOIA, if the court finds that a member of a public body voted to certify a closed meeting and at the time of such certification such certification constituted a departure from the requirements of FOIA, the court shall impose on all members voting to certify in their individual capacity, whether or not a writ of mandamus or injunctive relief is awarded, a civil penalty of $500 each, which amount shall be paid into the State Literary Fund. 02/08/2017 Left in Senate General Laws and Technology

15 FOIA-related bills SB 795 Register of funds expended; required posting by localities & school divisions on public gov website. (Sen. Sturtevant) Requires every locality and each school division located within the locality to post on the public government website of the locality a register of all funds expended, showing vendor name, date of payment, amount, and a description of the type of expense, including credit card purchases with the same information. A locality and school division may exclude from such posting any information that is exempt from mandatory disclosure under the Virginia Freedom of Information Act, any personal identifying information related to a court ordered payment, or any information related to undercover law enforcement officers. This bill has a delayed effective date of July 1, /07/17 Senate: Read third time and passed Senate (24-Y 16-N)

16 Bills discussed at January 2017 update that are no longer pending HB 1900 Dogs; running at large on another landowner's property, penalty. (Del. Howell) 02/06/17 House: Read third time and defeated by House (47-Y 48-N) HB 1934 Police service; civil penalty when excessive number of calls from same property (Del. Carr) 01/10/17 House: Referred to Committee on Counties, Cities and Towns 02/01/17 House: Subcommittee recommends laying on the table by voice vote SB 1157 Lobbyist disclosure; reporting by certain political subdivisions. (Sen. Reeves) 02/02/17 Senate: Failed to report (defeated) in Rules (6-Y 7-N)

17 Bills discussed at January 2017 update that are no longer pending SB 1294 Conflicts of Interests Acts, State and Local Government and General Assembly; prohibited gifts. (Sen. Vogel) 02/08/2017 Left in Rules SJ 240 Constitutional amendment (first resolution); charter schools. (Sen. Obenshain) 01/24/17 Senate: Stricken at request of Patron in Privileges and Elections (14-Y 0-N) SJ 289 Study; Virginia Conflict of Interest and Ethics Advisory Council; local government officers. (Sen. Ebbin) 02/02/17 Senate: Passed by indefinitely in Rules with letter by voice vote SB 1128 FOIA; failure to respond to request for records, rebuttable presumption. (Sen. DeSteph) 02/07/17 Senate: Passed by for the day

18 Other bills of interest - update HB 1578 Students who receive home instruction; participation in interscholastic programs (Tebow Bill). (Del. Robert Bell) Prohibits public schools from joining an organization governing interscholastic programs that does not deem eligible for participation a student who (i) receives home instruction; (ii) has demonstrated evidence of progress for two consecutive academic years; (iii) is in compliance with immunization requirements; (iv) is entitled to free tuition in a public school;(v) has not reached the age of 19 by August 1 of the current academic year;(vi) is an amateur who receives no compensation but participates solely for the educational, physical, mental, and social benefits of the activity;(vii) complies with all disciplinary rules and is subject to all codes of conduct applicable to all public high school athletes; and (viii) complies with all other rules governing awards, all-star games, maximum consecutive semesters of high school enrollment, parental consents, physical examinations, and transfers applicable to all high school athletes. The bill provides that no local school board is required to establish a policy to permit students who receive home instruction to participate in interscholastic programs. The bill permits reasonable fees to be charged to students who receive home instruction to cover the costs of participation in such interscholastic programs, including the costs of additional insurance, uniforms, and equipment. The bill has an expiration date of July 1, /24/17 House: VOTE: PASSAGE (60-Y 38-N) 01/25/17 Senate: Referred to Committee on Education and Health HB 1697 Extension of approvals to address housing crisis (Del. Daniel Marshall) Extends the sunset date for several measures related to various land use approvals from July 1, 2017, to July 1, The bill also expands the scope of such measures that will be subject to the extension to include those measures approved by January 1, /03/17 House: Reported from Counties, Cities and Towns with amendments (20-Y 0-N) 02/07/17 House: Read third time and passed House (94-Y 2-N 1-A)

19 Other bills of interest - update HB 1941 Immunity of persons; statements regarding matters of public concern communicated to a third party (Del. Kilgore) Adds defamation to the causes of action from which a citizen shall be immune when making statements (i) regarding matters of public concern, as defined in the bill, to a third party or (ii) at a public hearing before the governing body of any locality or other political subdivision, or the boards, commissions, agencies, and authorities thereof, and other governing bodies of any local governmental entity. The bill changes from permissive to mandatory the provision that reasonable attorney fees and costs be awarded to any individual who has a suit against him dismissed pursuant to such immunity. The bill requires the court to give priority on its docket to any pleading brought invoking such immunity. 02/07/17 House: Read third time and passed House (74-Y 23-N) HB 2024 Condemnation powers and proceedings; notice to owner or tenant. (Del. Freitas) Requires an authorized condemnor, or the Commissioner of Highways, as applicable, to give notice to the owner or tenant of freehold property subject to condemnation no later than 15 days prior to the filing or recordation of a certificate in any "quick take" condemnation proceeding. Current law requires notice but does not provide a time frame within which such notice must be given. 02/02/17 House: VOTE: BLOCK VOTE PASSAGE (95-Y 0-N) 02/03/17 Senate: Referred to Committee for Courts of Justice

20 Other bills of interest - update HB 2108 Virginia Broadband Deployment Act; localities ownership of communications system. (Del. Byron) Provides that a locality or a locality's affiliate may own and operate a broadband or Internet communications system, including ownership or lease of fiber optic or other communications lines and facilities, to provide broadband expansion services if a variety of conditions are met, including a report or study by an independent consulting firm knowledgeable and experienced in analyzing broadband deployment, such as the Center for Innovative Technology, which report or study specifically identifies any unserved areas. An unserved area is an area in which broadband speeds are not generally available from any provider. The bill defines "broadband speeds" as average Internet speeds of both 10 Mbps or more download and 1 Mbps or more upload. A locality or a locality's affiliate that seeks or desires to provide "overbuild broadband services," shall not do so unless it complies with various operating requirements. The bill defines "overbuild broadband services" as broadband or Internet services offered by a locality or its affiliate in exchange for compensation that do not qualify as internal government services or broadband expansion services. The bill also repeals several disclosure exclusions related to local telecommunications services that currently exist under the Freedom of Information Act ( et seq.). 02/07/17 House: Read third time and passed House (72-Y 24-N 1-A)

21 Other bills of interest - update HB 2196 Wireless communications infrastructure; procedure for approved by localities. (Del. Kilgore) Provides a uniform procedure for the way in which wireless communications infrastructure is approved by localities and approved and installed in public rights-of-way 01/31/17 House: Reported from Commerce and Labor with substitute (18-Y 2-N) 02/06/17 House: Engrossment refused by House (37-Y 57-N) SB 1282 Wireless communications infrastructure; procedure for approved by localities. (Sen. McDougle) Provides a uniform procedure for the way in which wireless communications infrastructure is approved by localities and approved and installed in public rights-of-way. The measure includes provisions that establish requirements applicable to the location of micro-wireless facilities and small cell facilities. The measure also establishes an annual Wireless Support Structure Public Rights-of-Way Use Fee that replaces fees of general application, except for zoning, subdivision, site plan, and comprehensive plan fees of general application, otherwise chargeable to wireless services providers and wireless infrastructure providers for access to the public rights-of-way by the Department of Transportation and localities to construct new wireless support structures. 02/03/17 Senate: Passed Senate (21-Y 18-N 1-A) 02/08/17 House: Referred to Committee on Commerce and Labor

22 Other bills of interest - update HJ 737 Commending the Atlee High School softball team. (Del. Fowler) 01/20/17 House: Agreed to by House by voice vote 01/26/17 Senate: Agreed to by Senate by voice vote HJ 802 Commending the Hanover High School baseball team (Del. Fowler) 01/27/17 House: Agreed to by House by voice vote 02/02/17 Senate: Agreed to by Senate by voice vote

23 Other bills of interest - update SB 926 Noise violations; civil penalty. (Sen. Petersen) Allows localities to authorize the chief law-enforcement officer in the locality to enforce a uniform schedule of civil penalties for violation of that locality's noise ordinance 01/24/17 Senate: Read third time and passed Senate (39-Y 0-N) 01/31/17 House: Referred to Committee on Counties, Cities and Towns SB 976 Va Economic Development Partnership Authority; site and building assessment program. (Sen. Hanger) Lowers the minimum size of industrial sites that may be included in the Authority's site and building assessment program from 250 acres to 100 acres. The bill contains a technical amendment 01/30/17 Senate: Read third time and passed Senate (40-Y 0-N) 02/07/17 House: Reported from General Laws (22-Y 0-N)

24 Other bills of interest - update SB 1005 Community services boards and behavioral health authorities; services to be provided, report. (Sen Hanger) Provides that the core of services provided by community services boards and behavioral health authorities shall include, effective July 1, 2018, (i) same-day access to mental health screening services and (ii) outpatient primary care screening and monitoring services for physical health indicators and health risks and follow-up services for individuals identified as being in need of assistance with overcoming barriers to accessing primary health services. The bill provides that the core of services provided by community services boards and behavioral health authorities shall additionally include, effective July 1, 2021, crisis services for individuals with mental health or substance use disorders; outpatient mental health and substance abuse services; psychiatric rehabilitation services; peer support and family support services; mental health services for certain members of the armed forces and veterans; care coordination services; and case management services, including targeted mental health case management services. The bill also requires the Department of Behavioral Health and Developmental Services to report annually regarding progress in the implementation of this act. 02/03/17 Senate: Passed Senate (40-Y 0-N) 02/08/17 House: Referred to Committee on Health, Welfare and Institutions HB 1549 Community services boards and behavioral health authorities; services to be provided. (Del. Farrell) 02/07/17 House: Read third time and passed House (97-Y 0-N)

25 Other bills of interest - update HB 2331 Community services boards; duties include providing preadmission screening to regional jail inmates. (Del. Heretick) Provides that the duties of a community services board include providing preadmission screening services to inmates incarcerated in a regional jail where the locality served by the community services board is a participant in such jail. The bill allows for one or more of the community services boards that serve such localities to enter into a joint agreement regarding the provision of such services. 02/07/17 House: Read third time and passed House BLOCK VOTE (97-Y 0-N)

26 Other bills of interest - update SB 1173 Vested property rights; nonconforming uses. (Sen Obenshain) Provides that if a structure is one that requires no permit, and an authorized local government official informs the property owner that the structure will comply with the zoning ordinance, and the improvement was thereafter constructed, a zoning ordinance may provide that the structure is nonconforming but shall not provide that such structure is illegal and subject to removal solely due to such nonconformity. The provisions of the bill are declared to not be deemed retroactive. 02/01/17 Senate: Read third time and passed Senate (40-Y 0-N) 02/03/17 House: Referred to Committee on Counties, Cities and Towns SB 1283 Public schools; Board of Education to establish regional charter school divisions. (Sen. Obenshain) Authorizes the Board of Education (Board) to establish regional charter school divisions consisting of two or more existing school divisions in regions in which one or more of the underlying school divisions have an enrollment of more than 3,000 students and one or more schools that have accreditation denied status for two out of the past three years. The bill requires such regional charter school divisions to be supervised by a school board that consists of eight members appointed by the Board and one member appointed by the localities of each of the underlying divisions. The bill authorizes the school board, after a review by the Board, to review and approve public charter school applications in the regional charter school divisions and to contract with the applicant. The bill requires the state share of Standards of Quality per pupil funding of the underlying school district in which the public charter school is physically located transferred to such school. 02/07/17 Senate: Read third time and passed Senate (21-Y 19-N)

27 Other bills of interest - update SB 1313 Regional jails; reimbursement of capital costs of construction, etc., to locality. (Sen. McDougle) Reimbursement of capital costs; regional jails; regional contracts for cooperative jailing. Provides that on or after July 1, 2017, the Commonwealth shall reimburse a locality a maximum of one-fourth of the capital costs for any regional jail construction, enlargement, or renovation project that has been approved by the Governor on or after July 1, 2017, and specifically authorized in the general appropriation act. 01/25/17 Senate: Read third time and passed Senate (40-Y 0-N) 01/31/17 House: Referred to Committee on Militia, Police and Public Safety SB 1240 Virginia Virtual School established. (Sen. Dunnavant) Establishes the Board of the Virginia Virtual School (the Board) as a policy agency in the executive branch of state government for the purpose of governing the full-time virtual school programs offered to students enrolled in the Virginia Virtual School (the School). The Secretary of Education is responsible for such agency. The 14-member Board is given operational control of the School and assigned powers and duties. Beginning with the school year, the bill requires the School to be open to any school-age person in the Commonwealth and to provide an educational program meeting the Standards of Quality for grades kindergarten through 12, with a maximum enrollment of 5,000 students statewide. The bill requires the average state share of Standards of Quality per pupil funding for each enrolled student to be transferred to the School 02/07/17 Senate: Read third time and passed Senate (23-Y 17-N)

28 Other bills of interest - update SB 1491 Agritourism activity; definition to include rental of a singlefamily residence. (Sen. Stuart) Defines "agritourism activity" to include the rental of a single-family residence for a period of at least one week. 02/01/17 Senate: Read third time and passed Senate (31-Y 9-N) 02/03/17 House: Referred to Committee on Agriculture, Chesapeake and Natural Resources

29 Other bills of interest - update HB 1766 Utility Facilities Act; associated facilities of an electrical transmission line. (Del. Habeeb) SB 1110 Utility Facilities Act; associated facilities of an electrical transmission line. (Sen. Stanley) Provides that the issuance by the State Corporation Commission of a certificate of public convenience and necessity for construction of an electrical transmission line of 138 kilovolts and any associated facilities shall be deemed to satisfy local comprehensive plan requirements and all local zoning ordinances with respect to the transmission line and associated facilities. The measure defines "associated facilities" as including any station, substation, transition station, and switchyard facilities to be constructed in association with the 138 kilovolt transmission line. HB 1766 now in Senate Commerce and Labor SB 1110 now in House Commerce and Labor Issue proposed new language includes the following: Issuance by the Commission of a certificate... approving construction of a 138 kilovolt transmission line and any associated facilities shall be deemed to satisfy the requirements of and all local zoning ordinances with respect to the transmission line and its associated facilities. Airport manager requesting that such approval not be deemed to satisfy the requirements of (related to airport safety zoning)

30 Remaining schedule 2017 Session Tuesday, February 7 th - crossover Thursday, February 9 th House of Delegates and Senate to complete work on House and Senate budget bills Wednesday, February 15 th work done on budget bills and conferees appointed Monday, February 20 th last day for committees to take action on non-budget bills Saturday, February 25 th last day of 2017 Session