Here is a quick recap of what has happened this week in Richmond:
SB290
sought to grant all localities in the Commonwealth the authority to enact Affordable Dwelling Unit Ordinances (ADU) under
Virginia Code 15.2-2304
, which currently only applies to Fairfax, Loudoun, Alexandria, Albemarle. This code section grants localities broad authority in how these ordinances are crafted - and in localities where this authority has been granted, and a local ordinance has been adopted, these programs have required applicants to set-aside a percentage of units as "affordable", as defined by the locality. HBAV fully agrees that we need to be encouraging the production of a diversity of housing stock in all regions on the Commonwealth, but these mandatory programs have not been effective in spurring the production of these units. In one locality, the ADU program had only produced 2,500 units over 19 years - that's about 130 units per year. Another jurisdiction's ADU program had only produced between 2,500-3,000 units between 1993 and 2016 - and that locality's own projections showed that 1,300 of those units would exit the program because of a covenant expiration over the next 10 years.
HBAV opposed SB290 during the House Counties, Cities, and Towns Subcommittee meeting this week on the grounds that voluntary, incentive-based programs have been more effective in spurring affordable housing production - and the Subcommittee decided to not advance the bill. Over the last 45 days, HBAV has committed to working with the patron of this bill and other stakeholders in the upcoming months on expanding existing affordable housing incentives and developing new, practical solutions that remove the impediments to the production of affordable housing without mandating it. The patron and the proponents of the bill agreed to start those discussions after the General Assembly adjourns. As always, we rely on the input and feedback of our members - if you have experience working in localities or other states that have been successful in spurring affordable housing, please let us know!
SB993 prohibits a local Planning Commission from delaying the official submission of any proposed plat, site plan, or plan of development by requiring pre-submission conferences, meetings, or reviews. HBAV supported this legislation - it has passed the Senate 36-4 and this week, it passed the House Counties, Cities, and Towns Committee 20-1.
HB1595 and SB972 prohibit local governments from enacting expensive and overreaching mandates to require property owners to retrofit or preclude them from refreshing or maintaining landscape cover materials. HB1595 was passed 94-6 by the House of Delegates and SB972 was passed by the Senate on a vote of 26-13. This week, SB972 was heard in the House Counties, Cities, and Towns Committee and was passed with only two members voting NO. HB1595 was heard in Senate Local Government Committee and also passed with only two members voting NO. HBAV supports these bills.
HB377 was a legislative recommendation from NVBIA and
exempts from the requirement to obtain a Virginia Water Protection Permit any impact to a stormwater management facility on dry land. This bill has now passed both the House and the Senate.
HB 859 was introduced to allow localities to enter into agreements with each other to provide technical assistance with administration and enforcement of the Building Code. HBAV supported this legislation and it has successfully passed both the House and the Senate. Thanks to Delegate Chris Peace for advancing this legislation!
If you have any questions about these bills or any other bills that we are tracking this Session, please do not hesitate to contact HBAV's Vice President of Government Affairs Andrew Clark at [email protected]
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