Home Builders Association of Virginia – 2018 General Assembly Session Update (2/12/18)

HB78 – Department of Professional and Occupational Regulation; waiver of first‐ time licensing fees for low‐income applicants.
Requires any regulatory board within the Department of Professional and Occupational Regulation to waive the initial application fee for any low‐income individual applying for any license, certificate, or registration issued by the regulatory board or the Department. The bill defines “low‐income individual” as any individual whose gross annual income is less than $25,000 per year. (Yancey)
Update: 2/7/2018 — (H) Committee on Appropriations; (H) Subcommittee for Commerce, Agriculture, Natural Resources & Technology recommends laying on the table (8-Y 0-N)

HB89 – Conditional zoning proffers; affordable dwelling units.
Exempts onsite proffers related to affordable dwelling units from provisions that determine whether a proffer is unreasonable. (Bell, John J.)
Update: 1/25/2018 — (H) Committee on Counties, Cities and Towns; (H) Subcommittee recommends passing by indefinitely (6‐Y 2‐N)

HB101 – Board for Contractors; tradesmen licenses; expiration date.
Provides that licenses for tradesmen shall expire three years from the date of issuance by the Board for Contractors. The bill requires the Board to sync the expiration date of a tradesman license, which is currently on a two‐ year cycle, to updates to the Uniform Statewide Building Code, which are typically on a three‐year cycle. (Head)
Update: 2/1/2018 — (H) Passed House (52-Y 47- N); (S) Committee on General Laws and Technology

HB127 – Construction fraud; penalty.
Revises the crime of construction so that a person is guilty if he fraudulently fails or refuses to perform a promise for construction after having obtained an advance of money or other thing of value to do so. Currently, in order for a person to be guilty, he must have obtained the advance with fraudulent intent. (Cole)
Update: 12/18/2017 — (H) Referred to Committee for Courts of Justice

HB160 – Building code; mutual assistance.
Provides that the governing body of any county, city, or town may enter into an agreement with another locality for the purpose of providing assistance on building code inspections, plan review, and permitting to a local building department in such locality. (Cole)
Update: 1/25/2018 — (H) Committee on General Laws; (H) Subcommittee recommends laying on the table (8‐Y 0‐N)

HB163 – Conditional proffers; public facility capacity; previously approved residential developments.
Authorizes a locality to base its assessment of a public facility’s capacity on the projected impacts specifically attributable to previously approved residential developments, or portions thereof, that have not yet been completed when determining whether a proffer is unreasonable. (Ware)
Update: 1/25/2018 — (H) Committee on Counties, Cities and Towns; (H) Subcommittee recommends passing by indefinitely (7‐Y 0‐N)

HB164 – Board for Contractors; prerequisites to obtaining a building permit; elimination of affidavit requirement.
Removes the requirement that a building permit applicant’s written statement that he is not subject to licensure or certification as a contractor or subcontractor be supported by an affidavit. The bill contains technical amendments. (Yancey)
Update: 2/6/2018 — (H) Passed House in Block (98-Y 0-N); (S) Referred to Committee on General Laws and Technology

HB192 – Rainwater and gray water; regulations.
Directs the State Department of Health (the Department) to adopt regulations regarding the use of gray water and rainwater. The regulations shall provide standards for the use of rainwater harvesting systems. The bill also directs the Department to consider recognizing rainwater as an independent source of fresh water. (Yancey)
Update: 2/8/2018 — (H) Reported from Committee on Health, Welfare and Institutions; Read first time

HB204 – Energy benchmarking; access to data on energy usage in covered buildings.
Authorizes a locality to adopt an ordinance requiring utilities, upon request by the owner of a building with a gross floor area of not  less than 50,000 square feet (covered building), to provide its owner with combined measured energy usage data for multiple utility accounts of customers receiving service in the covered building. Such benchmarking is mandatory for a covered building with three or more active utility accounts in which no single utility account is greater than or equal to 85 percent of the aggregated energy usage, and it is optional for other covered buildings. The measure provides that the building owner shall only provide aggregated data that is provided to it to the Energy Star Portfolio Manager subject to guidelines established by the Department of Mines, Minerals and Energy (DMME). Violations of the ordinance are punishable by a fine of not more than $250. The measure requires DMME to develop uniform guidelines for benchmarking by December 1, 2018. (Sullivan_
Update: 1/24/2018 — (H) Committee on Counties, Cities and Towns; (H) Subcommittee recommends passing by indefinitely (6‐Y 2‐N)

HB209 – Duty to take reasonable precautions; criminal conduct of a third party.
Provides that any person owning, operating, or managing (i) a  commercial property used primarily for business purposes or (ii) residential real property that is owned by a person who owns five or more dwelling units that are used primarily for rental as a dwelling unit shall have the duty to take reasonable precautions to protect the tenants, other authorized occupants, or guests or invitees of such property against injury caused by the criminal conduct of a third party, if the danger of injury by such conduct is known to such owner, operator, or manager or is reasonably foreseeable. The bill provides that the same duty applies to any private security services business contracted to provide services to such person owning, operating, or managing such property. (Mullin)
Update: 1/31/2018 – (H) Committee for Courts of Justice; (H) Subcommittee recommends laying on the table (8‐Y 0‐N)

HB211 – Ground water withdrawal permit term; lengthening to 15 years.
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 the maximum term of a ground water withdrawal special exception from 10 years to 15 years. The bill contains technical amendments. (Wright)
Update: 1/31/2018 — (H) Passed House in Block (99- Y 0-N); (S) Referred to Committee on Agriculture, Conservation, and Natural Resources

HB282 – Virginia Housing Development Authority Act; pilot program; home ownership; low income persons.
Directs the Virginia Housing Development Authority to develop a pilot program providing support services, including counseling and financing assistance, to help low‐ income persons who are currently renters become home owners. (McQuinn)
Update: 1/18/2018 — (H) Committee on General Laws; (H) Subcommittee recommends laying on the table (8‐Y 0‐N)

HB321 – Professions and occupations; real estate brokers and salespersons; cease and desist orders for unlicensed activity; civil penalty.
Expands the enforcement options of the Real Estate Board (Board) by giving the Board direct authority to institute proceedings in equity to enjoin any person, partnership, corporation, or any other entity from engaging in unlicensed activity and certain other specifically enumerated unlawful acts. The bill provides that the Board may recover a civil penalty from such person, partnership, corporation, or any other entity of at least $200 but not more than $25,000 per violation, with each unlawful act constituting a separate violation. Current law provides that the Board may impose a civil penalty against any person engaging in unlicensed activity not to exceed $1,000 for any real estate transaction or the compensation received from any such real estate transaction, whichever is higher. (Bourne)
Update: 1/18/2018 — (H) Committee on General Laws; (H) Subcommittee recommends striking from docket (8‐Y 0‐N)

HB341 – Cluster development; open space; stormwater management area.
Allows a locality to prohibit a stormwater management area from being located in an “open space” or “conservation area” established as part of a cluster development. Current law bars localities from enacting such a prohibition. (Thomas)
Update: 2/7/2018 — (H) Committee on Counties, Cities and Towns; (H) Assigned CC & T sub: Subcommittee #2; Stricken from Docket

HB358 – Ground water management; subdivisions; technical evaluation.
Requires the developer of a subdivision located in a designated ground water management area for which the developer obtains plat approval on or after July 1, 2018, to apply for a technical evaluation, with certain criteria, from the Department of Environmental Quality prior to final subdivision plat approval if there will be 30 or more lots within the subdivision served by private wells. (Bulova)
Update: 2/7/2018 — (H) Passed House in Block (99- Y 0-N); (S) Referred to Committee on Agriculture, Conservation and Natural Resources

HB377 – Virginia Water Protection Permit; exception for stormwater management facility on dry land.
Exempts from the requirement to obtain a Virginia Water Protection Permit an impact to a stormwater management facility on dry land. (Bulova)
Update: 2/7/2018 — (H) Passed House in Block (99- Y 0-N) ; (S) Referred to Committee on Agriculture, Conservation and Natural Resources

HB400 – Replacement of trees during development process; Chesapeake Bay watershed.
Authorizes any locality in the Chesapeake Bay watershed to adopt an ordinance providing for the planting and replacement of trees during the land development process. Current law only allows a locality with a population density of at least 75 persons per square mile to adopt such an ordinance. The bill authorizes such an ordinance to exceed the requirements set out in the section. (Keam)
Update: 1/18/2018 — (H) Committee on Counties, Cities and Towns; (H) Subcommittee recommends striking from docket (8‐Y 0‐N)

HB439 – Professions and occupations; Real Estate Board; licensees; translation of real estate documents.
Provides that if a party to a real estate transaction requests translation of a contract or other real estate document from the English language to another language, a real estate licensee may assist such party in obtaining a translator or may refer such party to an electronic translation service and, in doing so, the licensee shall not be deemed to have breached any of his obligations as a real estate licensee or otherwise become liable for any inaccuracies in the translation. (Bulova)
Update: 2/7/2018 — (H) Passed House in Block (98-Y 0-N); (S) Referred to Committee on General Laws and Technology

HB447 – Chesapeake Bay Preservation Areas; mature trees.
Adds the preservation of mature trees, both as a stormwater management tool and as a means of providing other benefits, to the list of activities that the State Water Resources Board is directed to encourage and promote as it adopts criteria for local governments to use as they consider development in Chesapeake Bay Preservation Areas. (Hope)
Update: 1/24/2018 — (H) Committee on Agriculture, Chesapeake and Natural Resources; (H) Subcommittee recommends passing by indefinitely (6‐Y 4‐N)

HB570 – Real estate settlement agents.
Establishes a presumption that any person who is authorized to act as a settlement agent is competent to handle settlements of federally backed mortgages secured by real estate in the Commonwealth. Lenders are prohibited from imposing any additional requirement as a condition of closing such mortgages. The measure also (i) provides that if a lender maintains a list of approved settlement agents, the list shall include any person qualified to act as a settlement agent and (ii) prohibits a lender from removing a person from such a list unless it has given the person notice of the reasons for the proposed removal and an opportunity to request a hearing. If a hearing is requested, it shall be conducted by the State Corporation Commission (SCC), and the lender shall not remove the person from its list unless the SCC finds that the removal is permitted. (Gooditis)
Update: 1/25/2018 — (H) Committee on General Laws; (H) Subcommittee recommends striking from docket (8‐Y 0‐N)

HB594 – Local government; authority to require abatement of criminal blight on real property.
Authorizes any locality to enact an ordinance that requires corrective action to address criminal blight conditions on certain real property. The bill defines criminal blight to include conditions on real property that endanger residents of the community by the regular presence of persons using the property for controlled substance use or sale and other criminal activities, specifically commercial sex trafficking or prostitution. Current law allows local governments to enact an ordinance for taking action against a property owner with regard to illegal drug activity on such real property within the locality. The bill also provides a procedure for the locality and law‐enforcement officials to secure inspection warrants for guest registries for real property operated as a hotel or motel or other transient lodging if the property is declared to be in a state of criminal blight. This is a recommendation of the Virginia Housing Commission. (Carr)
Update: 2/8/2018 — (H) Passed House in Block Vote (99-Y 0-N)

HB632 – Career investigation courses and programs of instruction.
Requires the Board of Education (Board) to (i) establish content standards and curriculum guidelines for courses in career investigation in elementary school, middle school, and high school; (ii) develop, in consultation with representatives of career and technical education, trade, and contractor organizations, career investigation resource materials that are designed to ensure that students have the ability to further explore interest in career and technical education opportunities in middle and high school; and (iii) disseminate such career investigation resource materials to each school board. The bill directs each school board to require each middle school student to take at least one course or alternative program of instruction in career investigation and permits each school board to require such courses in career investigation at the elementary and high school level as it deems appropriate. (Bulova)
Update; 2/7/2018 — (H) Reported from Education with Substitute (21-Y 1-N)

HB683 – Uniform Statewide Building Code; security of certain records.
Clarifies that while information contained in engineering and construction drawings and plans for any single‐family residential dwelling submitted for the purpose of complying with the Uniform Statewide Building Code (§ 36‐97 et seq.) or the Statewide Fire Prevention Code (§ 27‐94 et seq.) shall not be subject to disclosure to the public under the Virginia Freedom of Information Act (§ 2.2‐3700 et seq.), such information shall not be deemed confidential. (Pogge)
Update: 2/1/2018 — (H) Passed House in Block (98- Y 0-N); (S) Referred to Committee on General Laws and Technology

HB709 – Zoning violation penalties.
Increases the maximum fine for misdemeanor conviction of a zoning violation from $1,000 to $2,500. The bill also increases the maximum fine for failure to remove or abate the zoning violation after conviction from $1,500 to $2,500 for succeeding 10‐day periods. (Bell, John J.)
Update: 2/6/2018 — (H) Passed House (59-Y 37-N 1- A); (S) Referred to Committee on Local Government

HB714 – Uniform Statewide Building Code; Board of Housing and Community Development; provisions for buildings and structures in rural areas in which commercial enterprises are located.
Directs the Board of Housing and Community Development to make amendments to the Uniform Statewide Building Code applicable to buildings and structures in rural areas in which commercial enterprises are located. The bill provides that the amendments shall not apply to any building or structure for which (i) a building permit has been issued or on which construction has commenced or (ii) working drawings have been prepared in the year prior to the effective date of the amendments. The bill also requires the Board to establish guidelines for the adequate training of building officials, enforcement personnel, contractors, and design professionals regarding Building Code provisions applicable to farm buildings and structures. (Bell, Richard P.)
Update: 1/25/2018 — (H) Committee on General Laws; (H) Subcommittee recommends continuing to 2019

HB722 – Property Owners’ Association Act; action of the board of directors.
Prohibits the board of directors of any property owners’ association from taking any action that has not been approved in an open meeting. (Plum)
Update: 2/1/2018 — (H) Committee on General Laws; (H) Subcommittee recommends striking from docket (8‐Y 0‐N)

HB723 – Stormwater management facilities; private residential lots; disclosure.
Requires the State Water Control Board to adopt regulations requiring a local stormwater management authority that requires a landowner of property zoned for residential use to maintain a stormwater management facility on such property to record with the deed for the property a statement of the specifications and requirements and a schedule of audits of the facility. The bill requires the seller of any property with such facility to disclose such specifications, requirements, and schedule of audits to a purchaser of the property. (Plum)
Update: 1/30/2018 — (H) Committee on Agriculture, Chesapeake and Natural Resources; (H) Subcommittee recommends striking from docket (8‐Y 0‐N)

HB732 – Department of Professional and Occupational Regulation; contractors; prohibited acts.
Provides that a contract entered into by a person undertaking work without a valid Virginia contractor’s license is unenforceable by such person. However, the bill also prohibits assertion of lack of licensure or certification as a defense to any action or suit if the unlicensed contractor gives substantial performance within the terms of the contract in good faith and without actual knowledge that a license or certificate was required. (Hodges)
Update: 2/6/2018 — (H) Passed House in Block (98- Y 0-N); (S) Referred to Committee on General Laws and Technology

HB855 – Landlord and tenant law; notice requirements; landlord’s acceptance of rent with reservation.
Changes the landlord and tenant law notice requirements for landlords to accept full or partial rent while continuing to proceed with a court action to obtain an order of possession and subsequent eviction by creating a single notice and removing the requirement for second notice for the time period between entry of an order of possession and prior to eviction. The bill provides that the landlord may accept full or partial payment of rent and still receive an order of possession and proceed with eviction if the landlord states in the written notice to the tenant that any payment of rent, damages, money judgment, award of attorney fees, and court costs would be accepted with reservation and not constitute a waiver of the landlord’s right to evict the tenant from the dwelling unit. The bill also (i) provides that if a dwelling unit is a public housing unit or other housing unit subject to regulation by the Department of Housing and Urban Development, written notice of acceptance of rent with reservation need not be given to any public agency paying a portion of the rent under the rental agreement and (ii) removes language providing that if the landlord enters into a new rental agreement with the tenant prior to eviction, an order of possession obtained prior to the entry of such new rental agreement is not enforceable. (Peace)
Update: 2/8/2018 — (H) Reported from Committee on General Laws; (22-Y 0-N); (H) Read first time

HB857 – Landlord and tenant law.
Removes remaining differences between general landlord and tenant provisions and the Virginia Residential Landlord and Tenant Act by conforming provisions pertaining to residential dwelling units in the following areas: (i) providing that any nonresidential tenancy may be terminated by self‐help eviction or by filing an unlawful detainer action; (ii) tenant obligations to maintain a dwelling unit; (iii) notice to the tenant in the event of foreclosure; (iv) wrongful failure to supply heat, water, hot water, or essential services; (v) prohibited provisions in the rental agreement; (vi) early termination of rental agreement by military personnel; and (vii) remedies for the landlord’s failure to deliver possession. The bill also makes the following changes to landlord and tenant law: (a) clarifies the lease termination process; (b) provides that if a tenant allows his renter’s insurance to lapse, the landlord may provide coverage and require the tenant to pay the premium; (c) establishes protection for landlords who provide tenant information to a federal census official; (d) authorizes a landlord or property manager to appear in court to seek final rent and damages related to a dwelling unit; and (e) clarifies remedies for a tenant’s failure to prepare the dwelling unit for insecticide or pesticide applications. (Peace)
Update: 2/8/2018 — (H) Reported from Committee on General Laws (22-Y 0-N); (H) Read first time

HB859 – Uniform Statewide Building Code; administration and enforcement; agreements for assistance between localities.
Provides that the local governing body of a county or municipality may enter into an agreement with the local governing body of another county or municipality for the provision to such county or municipality’s local building department of technical assistance with administration and enforcement of the Building Code. (Peace)
Update: 2/6/2018 — (H) Passed House in Block (98- Y 0-N); (S) Referred to Committee on General Laws and Technology

HB862 – Professions and occupations; real estate licenses; real estate teams.
Requires real estate teams as defined in the bill to obtain a business entity license, meaning a real estate firm license or a business entity salesperson’s license, from the Real Estate Board (the Board). The bill also expands the responsibilities of supervising brokers and requires that as a condition of the renewal of the license of a supervising broker of a branch office, such broker shall provide to the Board the name and license number of each real estate licensee affiliated with the branch office at the time of the renewal. The bill has a delayed effective date of January  1, 2019. (Peace)
Update: 2/8/2018 — (H) Reported from Committee on General Laws (22-Y 0-N); (H) Read first time

HB923 – Common Interest Community Board; information on covenants; association disclosure packets and resale certificates.
Requires the Common Interest Community Board (Board) to reconfigure its current one‐page form that accompanies association disclosure packets that are required to be provided to all prospective purchasers of lots located within a development that is subject to the Virginia Property Owners’ Association Act as a cover form to accompany both association disclosure packets and resale certificates that are required to be provided to all prospective purchasers of units located within a condominium that is subject to the Condominium Act. The bill also requires the Board to expand the breadth of information that is included on the form to provide potential purchasers with additional information regarding restrictive covenants that the potential purchaser may be subject to as a member of a property owners’ association or a unit owners’ association and which may affect the potential purchaser’s decision to purchase a lot or unit located within a common interest community. (Bulova)
Update; 2/6/2018 — (H) Passed House in Block (98- Y 0-N); (S) Referred to Committee on General Laws and Technology

HB971 – Fair Housing Law; unlawful discrimination; gender identity.
Adds discrimination based on gender identity as an unlawful housing practice under the Virginia Fair Housing Law. The bill also defines “gender identity.” (Guzman)
Update: 2/8/2018 — (H) Referred to Committee on General Laws; Subcommittee recommends striking from docket (7-Y 0-N)

HB1028 – Real estate settlement; choice of settlement service provider.
Provides that a purchaser or borrower in a transaction related to real estate in the Commonwealth shall have the right to select the settlement agent, mortgage lender or broker, and any other vendor associated with the financing or settlement of such real estate. Currently, such right is limited to the choice of settlement agent. The bill also prohibits the seller or any other party associated with a real estate transaction from requiring the use of, or offering anything of value for the use of, a particular mortgage lender or broker or any other vendor as a condition of the sale. (Convirs‐Fowler)
Update: 2/8/2018 — (H) Committee on General Laws; (H) Assigned GL sub: Subcommittee #2; Subcommittee recommends continuing to 2019

HB1031 – Common interest communities; disclosure packets.
Clarifies that no property owners’ association that is not professionally managed is required to provide electronic delivery of the disclosure packet if such an option is not available but must notify the seller or the seller’s authorized agent that such option is not available upon receiving such request. The bill allows a property owners’ association that is not professionally managed to charge fees at the option of the seller or the seller’s agent  for (i) expediting the inspection, preparation and delivery of the disclosure packet; (ii) providing an additional hard copy of the disclosure packet; and (iii) providing third‐party commercial delivery service. The bill provides that an association that is not professionally managed that acts as a professionally managed association for the purposes of receiving higher fees shall have the responsibilities and liabilities of a professionally managed association and shall collect fees that can be charged by a professionally managed association, provided that the association that is not professionally managed does not use any person who is not a common interest community manager to provide services to the association for compensation for the preparation and issuance of the disclosure packet. The bill also requires that as a prerequisite to charging any fees for the preparation of disclosure packets a property owners’ association must register with the Common Interest Community Board, file annual reports, and make annual assessment payments. (Watts)
Update: 2/8/2018 — (H) Reported from General Laws with substitute (21-Y 0-N)

HB1032 – Real estate settlements, prohibition against kickbacks, rebates, or other things of value.
Subjects any affiliated settlement service provider of any person selling real property or performing services as a real estate agent, attorney, lay settlement agent, or lender to the prohibition against paying or receiving kickbacks, rebates, or other things of value pursuant to services required to complete a real estate settlement being referred to any person. (Convirs‐Fowler)
Update: 2/1/2018 — (H) Committee on General Laws; (H) Subcommittee recommends striking from docket (8‐Y 0‐N)

HB1040 – Common Interest Community Board; complaints from association members and other citizens.
Requires condominium, cooperative, and property owners’ associations to respond to each complaint from their association members and other citizens, address each issue raised in the complaint in full, and provide the response to the complainant within 30 days of receipt of the complaint. (Convirs‐Fowler)
Update: 2/1/2018 — (H) Committee on General Laws; (H) Subcommittee recommends striking from docket (8‐Y 0‐N)

HB1041 – Virginia Property Owners’ Association Act; lot owner rights.
Provides lot owners the right to be informed of the count and outcome of a vote on any matter requiring a vote by a property owners’ association’s membership in proportion to the lot owner’s ownership interest. The bill also provides lot owners the right to share recordings of meetings of the board of directors with other lot owners who are members of the association. (Convirs‐Fowler)
Update: 2/8/2018 — (H) Reported from General Laws with amendment (21-Y 0-N)

HB1043 — Property Owners’ Association Act; meetings of association boards of directors.
Provides that an association member may share a recording of any portion of an association board of directors meeting that is required to be open and that neither the board of directors nor a subcommittee or other committee thereof conducting the meeting shall obstruct a member from recording or sharing a recording of the meeting. The bill also provides that during any portion of a meeting required to be open, the vote of each board member shall be announced to members and recorded in the meeting minutes. Finally, the bill requires that a summary of any comments made by association members and the issues discussed be included in the meeting minutes. (Convirs‐Fowler)
Update: 2/1/2018 — (H) Committee on General Laws; (H) Subcommittee recommends striking from docket (8‐Y 0‐N)

HB1120 -Common Interest Community Board; powers and duties concerning associations.
Requires the Common Interest Community Board to intervene in the internal activities of an association to the extent necessary to prevent or cure violations pursuant to the provisions in Title 54.1 (Professions and Occupations) regarding common interest communities, the provisions pursuant to which the association is created, and the Virginia Nonstock Corporation Act (§ 13.1‐801 et seq.) if the association is subject to that Act. (Convirs‐Fowler)
Update: 1/25/2018 — (H) Committee on General Laws; (H) Subcommittee recommends striking from docket (8‐Y 0‐N)

HB1121 – Property Owners’ Association Act; Common Interest Community Board; compliance of property owners’ associations with the Virginia Nonstock Corporation Act.
Codifies that a property owners’ association subject to the provisions of the Virginia Nonstock Corporation Act (§ 13.1‐801 et seq.) must comply with the provisions of the declaration, the Property Owners’ Association Act (§ 55‐508 et seq.), and the Virginia Nonstock Corporation Act. The bill requires the Common Interest Community Board to intervene in the internal activities of an association to the extent necessary to prevent or cure violations of the provisions in Title 54.1 (Professions and Occupations) regarding common interest communities, the provisions pursuant to which the association is created, and the Virginia Nonstock Corporation Act, if the association is subject to that Act. (Convirs‐Fowler)
Update: 1/25/2018 — (H) Committee on General Laws; (H) Subcommittee recommends striking from docket (8‐Y 0‐N)

HB1122 Property Owners’ Association Act; access to association records.
Creates additional recordkeeping requirements for associations, including requirements to keep records of (i) the association’s current membership, including each member’s address, telephone number, and email address, if any; (ii) a copy of the current declaration, the association’s articles of incorporation and bylaws, and any rules and regulations or architectural guidelines adopted by the association; (iii) a copy of all minutes of the board of directors and association meetings; and (iv) records of all correspondence between management or  members of the association’s board of directors and association members. The bill provides that such records be available, subject to certain enumerated exceptions, for examination and copying by a member in good standing or his authorized agent. The bill contains technical amendments. (Convirs‐Fowler)
Update: 2/1/2018 — (H) Committee on General Laws; (H) Subcommittee recommends striking from docket (8‐Y 0‐N)

HB1123 – Property Owners’ Association Act; minutes of meetings of association boards of directors.
Specifies that minutes of meetings of association boards of directors must be in writing and must include (i) the date, time, and location of the meeting; (ii) the members of the board of directors recorded as present and absent; (iii) a summary of the discussion on all matters proposed, deliberated, or decided; (iv) a list of any speakers appearing before the board and a summary of their presentations; and (v) a record of any votes taken, including details as to the specific vote of each board member. The bill provides that minutes may be recorded in a more general format so long as they are supplemented by an audio or video recording of the entirety of the meeting using a means of recording that fully captures and can clearly reproduce all of the statements made during the meeting. (Convirs‐Fowler)
Update: 2/1/2018 — (H) Committee on General Laws; (H) Subcommittee recommends striking from docket (8‐Y 0‐N)

HB1171 – Construction contracts; liability for payment of wages.
Provides that construction contracts shall be deemed to include a provision under which the general contractor and the subcontractor are jointly and severally liable to pay the wages due to the subcontractor’s employees. The measure provides that if the wages due to the subcontractor’s employees are not paid, the general contractor is subject to criminal and civil penalties for which an employer is liable for failing or refusing to pay wages. The measure requires the subcontractor to indemnify the general contractor for wages, damages, interest, penalties, or attorney fees owed as a result of the subcontractor’s failure to pay the wages unless the subcontractor’s failure to pay wages was due to the general contractor’s failure to pay moneys due to the subcontractor. The measure also provides that the lack of privity between the general contractor and the employees of the subcontractor is not a defense in an action against the general contractor arising from nonpayment of wages to the subcontractor’s employees. (Krizek)
Update: 2/6/2018 — (H) Committee on Commerce and Labor; (H) Assigned C & L sub: Subcommittee   #2; (H) Subcommittee    recommends passing by indefinitely (5-Y 2- N)

HB1227 – Virginia Residential Landlord and Tenant Act; transient lodging as primary residence for fewer than 90 consecutive days; self‐help eviction.
Provides that in the case of transient lodging used as a primary residence for fewer than 90 consecutive days, the availability to the landlord of self‐help eviction does not preclude arrest or prosecution for any violation of any criminal law of the state, including trespass. (Hayes)
Update: 2/6/2018 — (H) Passed House in Block (98- Y 0-N); (S) Referred to Committee on General Laws and Technology

HB1408 – Virginia Fair Housing Law; unlawful discriminatory housing practices.
Adds discrimination on the basis of a person’s source of income to the list of unlawful discriminatory housing practices. The bill defines “source of income” as any source that lawfully provides funds to or on behalf of a renter or buyer of housing, including any assistance, benefit, or subsidy program, whether such program is administered by a governmental or nongovernmental entity. (Bourne)
Update: 1/15/2018 — (H) Referred to Committee on General Laws

HB1446 – Conditional rezoning proffers. (Sickles)
Update: 1/25/2018 — (H) Committee on Counties, Cities and Towns; (H) Subcommittee recommends passing by indefinitely (7‐Y 1‐N)

HB1476 – Uniform Statewide Building Code.
Directs the Board of Housing and Community Development to amend the Uniform Statewide Building Code (§ 36‐97 et seq.) to require the installation of arc fault circuit interrupter protection for detached one‐family and two‐family dwellings and townhouses pursuant to the International Residential Code and in compliance with the requirements of the National Electrical Code. (Hope)
Update: 1/25/2018 – (H) Committee on General Laws; (H) Subcommittee recommends striking from docket (8‐Y 0‐N)

HB1547 – Virginia Fair Housing Law; unlawful discriminatory housing practices; sexual orientation and gender identity.
Adds discrimination on the basis of an individual’s sexual orientation or gender identity as an unlawful housing practice. The bill defines sexual orientation and gender identity. (Simon)
Update: 2/8/2018 — (H) Referred to Committee on General Laws; (H) Subcommittee recommends laying on the table (5-Y 2-N)

HB1585 – Property Owners’ Association Act; operation of the association; requirements for certain associations; enforcement.
Applies to the Property Owners’ Association Act certain provisions of the Virginia Nonstock Corporation Act for associations incorporated under that act. The bill provides that such provisions are to be enforced by the Common Interest Community Board. (Convirs‐Fowler)
Update: 2/1/2018 — (H) Committee on General Laws; (H) Subcommittee recommends striking from docket (8‐Y 0‐N)

HB1595 – Vested rights; existing landscape cover materials.
Prohibits an owner of real property who has an occupancy permit as of January 1, 2018, from being required to retrofit existing landscape cover materials, or from continuing to use, supplement, or refurbish existing landscape cover materials on their property. (Wilt)
Update: 2/9/2018 — (H) Reported from Counties, Cities and Towns with substitute (21-Y 1-N)

HJ13 – Encouraging localities to develop a more uniform and streamlined permitting process.
Expresses the sense of the General Assembly that localities be encouraged to develop a more uniform and streamlined permitting process. Such an effort would benefit from having the Virginia Association of Counties and the Virginia Municipal League take the lead in developing a model application and permitting process while utilizing the best practices from localities throughout the Commonwealth. (Yancey)
Update: 12/19/2017 — (H) Referred to Committee on Rules

HJ17 – Study; Standards of Learning Innovation Committee; experiential learning and workforce development opportunities in high‐demand fields; report.
Requests that the Standards of Learning Innovation Committee study experiential learning and workforce development opportunities for high school students in high‐demand fields. The bill requires the Standards of Learning Innovation Committee to reports its findings no later than the first day of the 2019 Regular Session of the General Assembly. (Filler‐Corn)
Update: 2/1/2018 — (H) Subcommittee recommends passing by indefinitely (4-Y 3-N)

SB187 – Zoning violation penalties.
Increases the maximum fine for misdemeanor conviction of a zoning violation from $1,000 to $2,500. The bill also increases the maximum fine for failure to remove or abate the zoning violation after conviction from $1,500 to $2,500 for succeeding 10‐day periods. (Favola)
Update: 1/31/2018 — (S) Passed Senate; (H) Referred to Committee on Counties, Cities and Towns

SB195 – Virginia Residential Rent‐to‐Own Real Estate Contracts Act; civil penalties.
Creates the Virginia Residential Rent‐to‐Own Real Estate Contracts Act that establishes contract requirements and prohibitions for installment land contracts and lease‐option contracts as defined in the bill. Under the bill, a violation by a person who sells, or proposes to sell, real property under an installment land contract or lease‐option contract constitutes a fraudulent act or practice for purposes of applying the Virginia Consumer Protection Act. (Locke)
Update: 1/22/2018 — (S) Passed by indefinitely in General Laws and Technology with letter (15‐Y 0‐N)

SB197 – Landlord and tenant law; notice requirements; landlord’s acceptance of rent with reservation.
Changes the landlord and tenant law notice requirements for landlords to accept full or partial rent while continuing to proceed with a court action to obtain an order of possession and subsequent eviction by creating a single notice and removing the requirement for second notice for the time period between entry of an order of possession and prior to eviction. The bill provides that the landlord may accept full or partial payment of rent and still receive an order of possession and proceed with eviction if the landlord states in the written notice to the tenant that any payment of rent, damages, money judgment, award of attorney fees, and court costs would be accepted with reservation and not constitute a waiver of the landlord’s right to evict the tenant from the dwelling unit. The bill also (i) provides that if a dwelling unit is a public housing unit or other housing unit subject to regulation by the Department of Housing and Urban Development, written notice of acceptance of rent with reservation need not be given to any public agency paying a portion of the rent under the rental agreement and (ii) removes language providing that if the landlord enters into a new rental agreement with the tenant prior to eviction, an order of possession obtained prior to the entry of such new rental agreement is not enforceable. (Locke)
Update: 1/31/2018 — (S) Passed Senate; (H) Referred to Committee on General Laws

SB208 – Impact fees for residential development.
Repeals provisions that limit existing impact fee authority to (i) localities that have established an urban transportation service district and (ii) areas outside of such service districts that are zoned for agricultural use and that are being subdivided for by‐right residential development. The effect of the repeal will be to make the existing impact fee provisions available for use by any locality that includes within its comprehensive plan a calculation of the capital costs of public facilities necessary to serve residential uses. (Stuart)
Update: 2/6/2018 — (S) Continued to 2019 in Local Government (11-Y 0-N)

SB290 – Affordable dwelling unit ordinances.
Expands from specific localities to any locality the scope of existing enabling legislation related to affordable dwelling unit ordinances, making such legislation applicable statewide. Other existing statewide provisions related to affordable dwelling unit ordinances are repealed and references to those provisions are deleted. (McClellan)
Update: 2/8/2018 — (S) Reported from Local Government with substitute (9-Y 4-N); (S) Constitutional reading dispensed

SB319 – General contractors; waiver or diminishment of lien rights; subordination of lien rights.
Provides that a general contractor may not waive or diminish his lien rights in a contract in advance of furnishing any labor, services, or materials. The bill further provides that, notwithstanding the prohibition against waiving or diminishing such a lien right, a general contractor may, prior to or after providing any labor, services, or materials, contract to subordinate his lien rights to prior and later recorded deeds of trust, provided that such contract is (i) in writing and (ii) signed by any general contractor whose lien rights are being subordinated pursuant to such contract. (Ruff)
Update: 1/23/2018 — (S) Passed Senate; (H) Referred to Committee for Courts of Justice

SB328 – Common Interest Community Board; disclosure packets; registration of associations.
Requires the Common Interest Community Board to include information regarding the meaning of developer control in its current one‐ page form that accompanies association disclosure packets that are required to be provided to all prospective purchasers of lots located  within a development that is subject to the Virginia Property Owners’ Association Act. The bill also requires the developer to file an annual report for the association of the development with the Common Interest Community Board within 30 days after the recordation of the declaration. (Dunnavant)
Update: 2/8/2018 — (S) Passed Senate (39-Y 0-N); (H) Referred to Committee on General Laws

SB390 – Taxation in the Commonwealth. Makes numerous changes to the Commonwealth’s tax structure.
The bill creates two new income brackets for the calculation of individual income taxes and lowers the corporate income tax rate. The tax credit for low‐income taxpayers would become refundable, and taxpayers would be prohibited from using the same donation to both receive certain tax credits and take a charitable deduction. The bill reinstates the estate tax. The state sales tax on food would be eliminated, and sales tax would be imposed on certain services and digital products. The transient occupancy tax would be imposed on the entire cost of the use or possession of the room. The tobacco tax would be raised. (Marsden)
Update: 1/31/2018 — (S) Passed by indefinitely in Finance with letter (15‐Y 0‐N)

SB391 – Housing; installation and maintenance of smoke and carbon monoxide alarms.
Creates a statewide standard for the installation and maintenance of smoke and carbon monoxide alarms in rental property. The bill requires a landlord to (i) install a smoke alarm without retrofitting the installation site and (ii) certify annually that smoke alarms have been installed and maintained in good working order in a residential dwelling unit pursuant to the Statewide Fire Prevention Code (§ 27‐94 et seq.) and the Uniform Statewide Building Code (§ 36‐97 et seq.). The landlord is also required to install a carbon monoxide alarm upon request by a tenant; the installation and subsequent maintenance must be in compliance with the Statewide Fire Prevention Code and the Uniform Statewide Building Code. A tenant of a rental dwelling unit with a smoke alarm or both smoke and carbon monoxide alarms shall not tamper or remove such alarms. Under the bill, a reasonable accommodation must be made for persons who are deaf or hearing impaired, upon request. Localities that have enacted a fire and carbon monoxide alarm ordinance must conform such ordinances with these state standards by July 1, 2019. The bill also requires the Department of Housing and Community Development, in consultation with the Department of Fire Programs, to develop a form for landlords for use in certifying inspections that summarizes smoke alarm maintenance requirements for landlords and tenants. The bill is a recommendation of the Virginia Housing Commission. (Barker)
Update: 1/31/2018 — (S) Passed Senate; (H) Referred to Committee on General Laws

SB423 – Virginia Fair Housing Law; unlawful discriminatory housing practices; sexual orientation and gender identity.
Adds discrimination on the basis of an individual’s sexual orientation or gender identity as an unlawful housing practice. The bill defines sexual orientation and gender identity. (Wexton)
Update: 2/8/2018 — (S) Passed Senate; (H) Referred to Committee on General Laws; (H) Subcommittee #2 recommends laying on the table (5-Y 2-N)

SB458 Conditional proffers; public facility capacity; previously approved residential developments.
Authorizes a locality to base its assessment of a public facility’s capacity on the projected impacts specifically attributable to previously approved residential developments, or portions thereof, that have not yet been completed when determining whether a proffer is unreasonable. The bill also removes language prohibiting a locality from accepting any unreasonable proffer; language prohibiting a locality from requesting any unreasonable proffer is retained. (Peake)
Update: 2/8/2018 — (S) Continued to 2019 in Local Government (13-Y 0-N)

SB460 – Professions and occupations; home inspectors; assertion as to presence or absence of radon.
Provides that no home inspector shall make any assertion as to the presence or absence of radon, or amount thereof, in a residential building, nor conduct or offer to conduct any radon screening or testing, unless he (i) is listed as a professional by either the National Radon Proficiency Program or the National Radon Safety Board or (ii) meets any other proficiency measures deemed acceptable by the U.S. Environmental Protection Agency or the Board of Health for the purpose of offering such screening or testing, and otherwise complies with additional requirements contained in Title 32.1 (Health). (Stanley)
Update: 1/22/2018 — (S) Committee on General Laws and Technology; (S) Passed by indefinitely in General Laws and Technology with letter (10‐Y 0‐N)

SB469 – Conditional zoning.
Removes restrictions on the types of proffers a locality may request or accept in connection with a rezoning or proffer condition amendment as a condition of approval of a new residential development or residential use. The bill removes a restriction on denying an application on the basis of a failure or refusal to submit an unreasonable proffer or proffer condition amendment. The bill also removes a requirement that a proffer be made only when the new development will create a need in excess of the existing public facility capacity. The bill removes the requirement that a court hearing the appeal of a rezoning or amendment to an existing proffer action presume, absent clear and convincing evidence to the contrary, that the initial refusal or failure to submit an unreasonable proffer was the controlling basis for the denial of the application when the applicant can show by a preponderance of the evidence that it refused or failed to submit an unreasonable proffer. The bill removes the right of an applicant appealing a rezoning or amendment to an existing proffer action to recover reasonable attorney fees and costs. The bill removes a requirement that a reviewing court remand the action with a direction to approve the rezoning or proffer condition amendment. The bill eliminates an exception to proffer restrictions for a new residential development or residential use in a small area comprehensive plan. (Reeves)
Update: 2/6/2018 — (S) Stricken at request of Patron in Local Government (10-Y 0-N)

SB478 – Department of Professional and Occupational Regulation; contractors; prohibited acts.
Provides that a contract entered into by a person undertaking work without a valid Virginia contractor’s license is unenforceable by such person. However, the bill also prohibits assertion of lack of licensure or certification as a defense to any action or suit if the unlicensed contractor gives substantial performance within the terms of the contract in good faith and without actual knowledge that a license or certificate was required. (Reeves)
Update: 1/31/2018 — (S) Passed Senate; (H) Referred to Committee on General Laws

SB529 – Board for Contractors; prerequisites to obtaining a building permit; elimination of affidavit requirement.
Removes the requirement that a building permit applicant’s written statement that he is not subject to licensure or certification as a contractor or subcontractor be supported by an affidavit but adds a requirement that the applicant include in the written statement the identifying information of the licensed or certified person who will be carrying out or superintending the work. The bill contains technical amendments. (Mason)
Update: 2/8/2018 — (S) Passed Senate (38-Y 0-N); (H) Referred to Committee on General Laws

SB569 – Department of Professional and Occupational Regulation; Board for Contractors; exemption from licensure.
Exempts from licensure any person who is (i) a student in good standing and enrolled in a public or private institution of higher education, (ii) a student enrolled in a career training or technical education program, or (iii) an apprentice. The bill expands a current exemption from licensure for work undertaken by a person providing construction, remodeling, repair, improvement, removal, or demolition on behalf of a properly licensed contractor by raising the value threshold from $2,500 or less to $5,000 or less per project and by adding a home improvement building contractor classification to the list of valid licenses the supervising contractor may hold. (DeSteph)
Update: 2/8/2018 — (S) Passed Senate (30-Y 10-N); (H) Referred to Committee on General Laws

SB627 – Department of Professional and Occupational Regulation; home inspectors; certain contract provisions prohibited.
Prohibits a contract for home inspection services from including any provision limiting the liability of any home inspector arising from his acts or limiting any business that provides home inspection services from liability for the acts of its employees or agents. (Surovell)
Update: 1/29/2018 — (S) Passed by indefinitely in General Laws and Technology with letter (15‐Y 0‐N)

SB705 – Virginia Condominium Act and the Property Owners’ Association Act; contents of association disclosure packet; unfunded capital reserves.
Provides for the disclosure packets required upon the resale of a unit under the Virginia Condominium Act or a lot under the Property Owners’ Association Act to include a statement of the total amount of unfunded capital reserves based on the current reserve study, including the pro rata share of such unfunded capital reserves per unit or lot. (Surovell)
Update: 1/22/2018 — (S) Passed by indefinitely in General Laws and Technology with letter (10‐Y 0‐N)

SB706 – Common interest communities; reserves for capital components; budget.
Requires the budget for a common interest community to include a statement detailing the amount of any shortage or excess of total cash reserves, as indicated by the five‐year cash reserves study, and the amount of such shortage or excess per capita for each member of the association. The bill also provides that the failure of any member of the governing body or officer of the association to comply with provisions relating to reserves for capital components shall constitute prima facie evidence of a breach of fiduciary duty on the part of the board member or officer. (Surovell)
Update: 1/22/2018 — (S) Passed by indefinitely in General Laws and Technology with letter (10‐Y 0‐N)

SB707 – Virginia Property Owners’ Association Act; home‐based businesses.
Provides that no property owners’ association shall prohibit a lot owner from operating a home‐based business within his personal residence if the operation of the home‐based business is in compliance with all applicable state laws and local ordinances, unless the home‐based business is expressly prohibited by the declaration. Under current law, operation of a home‐based business is allowed only to the extent that the declaration is silent on the operation of home‐based businesses. (Surovell)
Update: 1/29/2018 — (S) Passed by indefinitely in General Laws and Technology (10‐Y 5‐N)

SB722 Condominium Act and Property Owners’ Association Act; access to association books and records; duty to redact.
Provides that books and records kept by or on behalf of a unit owners’ association or a property owners’ association shall be withheld from inspection and copying in their entirety only to the extent that an exclusion from disclosure enumerated in the Condominium Act or Property Owners’ Association Act, as applicable, applies to the entire content of such books and records. The bill provides that, otherwise, only those portions of the books and records containing information subject to an exclusion may be withheld, and all portions of the books and records that are not so excluded shall be disclosed. (Surovell)
Update: 2/8/2018 — (S) Passed Senate (38-Y 0-N); (H) Referred to Committee on General Laws

SB743 – Housing; installation and maintenance of smoke and carbon monoxide alarms.
Creates a statewide standard for the installation and maintenance of smoke and carbon monoxide alarms in rental property. The bill requires a landlord to (i) install a smoke alarm without retrofitting the installation site and (ii) certify annually that smoke alarms have been installed and maintained in good working order in a residential dwelling unit pursuant to the Statewide Fire Prevention Code (§ 27‐94 et seq.) and the Uniform Statewide Building Code (§ 36‐97 et seq.). The landlord is also required to install a carbon monoxide alarm upon request by a tenant; the installation and subsequent maintenance must be in compliance with the Statewide Fire Prevention Code and the Uniform Statewide Building Code. A tenant of a rental dwelling unit with a smoke alarm or both smoke and carbon monoxide alarms shall not tamper or remove such alarms. Under the bill, a reasonable accommodation must be made for persons who are deaf or hearing impaired, upon request. Localities that have enacted a fire and carbon monoxide alarm ordinance must conform such ordinances with these state standards by July 1, 2019. The bill also requires the Department of Housing and Community Development, in consultation with the Department of Fire Programs, to develop a form for landlords for use in certifying inspections that summarizes smoke alarm maintenance requirements for landlords and tenants. The bill is a recommendation of the Virginia Housing Commission. (DeSteph)
Update: 1/22/2018 — (S) Incorporated by General Laws and Technology (SB391‐ Barker) (15‐Y 0‐N)

SB784 – Uniform Statewide Building Code; Board of Housing and Community Development; provisions for buildings and structures in rural areas in which commercial enterprises are located.
Directs the Board of Housing and Community Development to make amendments to the Uniform Statewide Building Code applicable to buildings and structures in rural areas in which commercial enterprises are located. The bill provides that the amendments shall not apply to any building or structure for which (i) a building permit has been issued or on which construction has commenced or (ii) working drawings have been prepared in the year prior to the effective date of the amendments. The bill also requires the Board to establish guidelines for the adequate training of building officials, enforcement personnel, contractors, and design professionals regarding Building Code provisions applicable to farm buildings and structures. (Obenshain)
Update: 1/29/2018 — (S) Passed by indefinitely in General Laws and Technology with letter (15‐Y 0‐N)

SB861 – Property Owners’ Association Act; member approval required for certain capital expenditures.
Requires a property owners’ association’s board of directors, before making expenditures on capital components that exceed $1 million, to obtain the approval of a majority of lot owners who are members in good standing of the property owners’ association. The requirements do not affect capital components approved by the board of directors and fully funded prior to July 1, 2018. (Reeves)
Update: 1/29/2018 — (S) Passed by indefinitely in General Laws and Technology with letter (14‐Y 0‐N)

SB909 – Virginia Fair Housing Law; unlawful discriminatory housing practices.
Adds discrimination on the basis of a person’s source of income to the list of unlawful discriminatory housing practices. The bill defines “source of income” as any source that lawfully provides funds to or on behalf of a renter or buyer of housing, including any assistance, benefit, or subsidy program, whether such program is administered by a governmental or nongovernmental entity. (McClellan)
Update: 2/5/2018 — (S) Continued to 2019 in General Laws and Technology (13-Y 0-N)

SB921 – Uniform Statewide Building Code; security of certain records.
Provides that the exemption from disclosure of information contained in engineering and construction drawings and plans for any single‐family residential dwelling submitted for the purpose of complying with the Uniform Statewide Building Code (§ 36‐97 et seq.) or the Statewide Fire Prevention Code (§ 27‐94 et seq.) is limited to information that includes a depiction of the interior of a structure. The bill also provides that nothing shall be construed to exempt from disclosure or deny public access to any engineering and construction drawings and plans for any single‐family residential dwelling that (i) depict only the exterior of the single‐family residential dwelling or (ii) are the subject of an appeal to the Board of Zoning Appeals, the Board of Building Code Appeals, or any other administrative board. (Ebbin)
Update: 2/8/2018 — (S) Reported from Committee on  General Laws and Technology with substitute (12-Y 2-N);(S) Read second time

SB927 – Virginia Property Owners’ Association Act; applicability.
Provides that the Virginia Property Owners’ Association Act (§ 55‐508 et seq.) shall be applicable to any development established prior to the former Subdivided Land Sales Act (§ 55‐336 et seq.) (i) containing 500 or more lots, (ii) having each lot contained in the development being located within the boundaries of a watershed improvement district, and (iii) having each lot subject to substantially similar deed restrictions contained in one or more declarations. (Marsden)
Update: 2/5/2018 — (S) Failed to report (defeated) in General Laws and Technology (7-Y 7-N)

SB944 Cash proffers; impact fees.
Removes various provisions granting localities authority to accept cash proffers as part of the conditional rezoning process. The bill repeals provisions that limit existing impact fee authority to (i) localities that have established an urban transportation service district and (ii) areas outside of such service districts that are zoned for agricultural use and that are being subdivided for by‐right residential development. The effect of the repeal will be to make the existing impact fee provisions available for use by any locality that includes within its comprehensive plan a calculation of the capital costs of public facilities necessary to serve residential uses. (Stuart)
Update: 2/6/2018 — (S) Continued to 2019 in Local Government (11-Y 0-N)

SB993 – Local planning commissions; proposed plats.
Reduces from 60 days to 45 days the time within which a local planning commission shall act on a proposed plat, site plan, or plan of development after it has been  officially submitted for approval. The bill prohibits a local planning commission from delaying the official submission of any proposed plat, site plan, or plan of development by requiring presubmission conferences, meetings, or reviews. The bill also reduces from 45 days to 30 days of receipt of the plat the time within which any state agency or public authority making a review of a plat shall complete its review upon first submission or for any proposed plat that has previously been disapproved. 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. (Reeves)
Update: 2/8/2018 — (S) Reported from Committee on Local Government (10-Y 3-N); (S) Constitutional reading dispensed

SJ13 – Study; joint committee to study the 2016 conditional rezoning proffer reform bill; report.
Establishes a joint committee of the Senate Committee on Local Government and the House Committee on Counties, Cities and Towns to study the 2016 conditional rezoning proffer reform bill. In conducting its study, the joint committee is directed to gather information and develop recommendations on the impact that the 2016 proffer reform bill has had on development, including: (i) data regarding the growth, decline, or stagnation in the number, size, scale, or monetary value of development projects in the Commonwealth; (ii) new or revised policies, guidance, and practices adopted by localities regarding negotiations with developers; (iii) litigation, decisions of local boards of appeals, and other justiciable matters that have arisen from, or been directed at the proffer reform bill; and (iv) any other result, consequence, or impact the proffer reform bill has had on development in the Commonwealth. The joint committee shall invite developers, localities, and other stakeholders to participate in the study. (Black)
Update: 12/28/2017 — (S) Referred to Committee on Rules

SJ53- Study; Virginia Housing Commission; accessory dwelling structures; report.
Directs the Virginia Housing Commission to study accessory dwelling structures, defined as additional living quarters on single‐family dwelling structures that are independent of the primary dwelling unit. In conducting the study, the Commission is to review (i) the prevalence and necessity for accessory dwelling structures, (ii) relevant provisions of the Uniform Statewide Building Code, and (iii) the feasibility of changing land use and zoning practices in order to facilitate their expanded use. The bill also directs the Commission to make recommendations concerning the use and placement of accessory dwelling structures. (Deeds)
Update: 1/10/2018 — (S) Referred to Committee on Rules

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