Henrico County VA
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‘Solar freedom’ law won’t see light of day

The General Assembly has upheld Gov. Bob McDonnell’s veto of legislation preventing community associations from prohibiting the installation of solar panels on homes.

The Senate could not muster the votes to override the veto of Senate Bill 627, which had been sponsored by Sen. Chap Petersen, D-Fairfax.

Petersen expressed disappointment that his “solar freedom” bill will not become law. He said the bill would have allowed all Virginians who live in homeowners associations to lower their electricity bills and qualify for federal tax credits by installing solar panels on their houses.

Some community associations traditionally have prohibited or restricted solar panels for aesthetic and property-value reasons. In 2008, the General Assembly passed a bill proposed by Sen. Frank Wagner, R-Virginia Beach, to address that situation.

Wagner’s measure said that after July 1, 2008, community associations could not impose rules to “prohibit an owner from installing or using a solar energy collection device on that owner’s property. However, a community association may establish reasonable restrictions concerning the size, place, and manner of placement of such solar energy collection devices.”

Because of a grandfather clause, that law did not affect solar-panel prohibitions that had been in place before July 1, 2008. That’s why Petersen introduced SB 627 this legislative session.

“Ninety-nine percent of the homeowner associations’ covenants were unaffected by the law in 2008 because the restrictions already existed,” Petersen said. “My bill struck out the grandfather clause and said this will be the state law across the board and prohibitions on solar panels are not enforceable in Virginia.”

During the General Assembly’s regular session, the Senate passed SB 627 on a 31-8 vote, and the House approved it 74-24.

But on April 9, McDonnell vetoed the bill.

The governor said the 2008 law provided community associations with more than enough opportunities to change previous covenants regarding solar panels. SB 627 was an attempt to retroactively enforce that law, McDonnell said. He said it would have violated both Virginia and United States laws.

“Senate Bill 627 appears to contradict the general legislative rule that statutory enactments are applied prospectively,” McDonnell said. “In addition to the problem of retroactive application, the legislation potentially violates both the United States Constitution (Article I, Section 10) and the Virginia Constitution (Article I, Section 11) by ‘impairing the obligation of contracts.’ ”

Overturning a veto requires a two-thirds majority vote in both the House and the Senate. That means getting 27 senators to vote in favor of overriding the vote.

Last Wednesday, the Senate voted 21-18 in favor of overturning McDonnell’s veto – and so the vote failed.

Solar installation has become increasingly popular around the country, creating new jobs and a new way to power homes and businesses, Petersen noted.

“There are a lot of new technologies out there in residential improvement industry which we need to encourage. Solar installation is certainly one of them,” he said. “The businesses that install solar panels are small businesses, and I want to make sure that they can sell their products and not go up against a lot of red tape and legal prohibitions.”

In an interview, Petersen said he probably will reintroduce the legislation in the future.


Community

Agencies combine on new entry point to Chickahominy


Canoeing and kayaking enthusiasts soon will have a new access point to the Chickahominy River. VDOT, the James River Association and Henrico County Parks and Recreation are teaming up to establish a new site in Eastern Henrico.

The James River Association negotiated the deal with VDOT to procure official access to the area located just east of I-295 on North Airport Road in Sandston. The site includes a park-and-ride commuter lot bordering the Chickahominy River and has been an unofficial launch site used by paddlers for years. > Read more.

Equestrian clinic planned July 7-8 in Henrico

Henrico equestrians interested in deepening the bond between themselves and their horses have the opportunity to attend a two day clinic, held at Steppin’ High Stables on July 7-8 from 9 a.m. to 4 p.m. The clinic, “Become Partners with your Horse,” will be taught by multiple world champion equestrienne Terry Preiser and will focus on how riders and horses can work together to achieve more. > Read more.

Henrico school bus driver honored

The Henrico-based Hephaestus Society recently awarded its first annual community heroes award (the Hephaestus Award) to Hicham Elgharouch (pictured, center) for what it termed his "selfless acts of caring" in his duties as a Henrico County Public Schools bus driver. Henrico County Director of Pupil Transportation Josh Davis, joined Hephaestus Society President Travis Gardner, in presenting the award and an accompanying $1,500 check to Elgharouch last month.

Elgharouch was selected for his clear and demonstrated patience and for his infectious positive attitude, according to the society. > Read more.

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Entertainment

Weekend Top 10


Grab the kids and check out these fun family-friendly events taking place this weekend! Speed over to the Henrico Theatre for the film “Turbo” or watch “Dumbo” under the stars at Clarke-Palmore House Museum. Little ones can meet Thomas the Tank Engine at CMOR-Central or play at the Eastern Henrico Recreation Center. For all our top picks this weekend, click here! > Read more.

Weekend Top 10


Don’t party too hard on the Fourth because a whole weekend of fun events await! Enjoy a classy date night without the kids at James River Cellars Winery’s second annual Smoke and Vine Festival. Another date night option is at the Richmond Funny Bone, where comedian April Macie will perform all weekend. The kids have their own options this weekend as well. Choose from storytime at Tuckahoe and Twin Hickory libraries or family-oriented karaoke at Aunt Sarah’s Pancake House – I hear they have hits from Disney’s “Frozen.” For all our top picks this weekend, click here! > Read more.

Restaurant watch

Find out how your favorite dining establishments fared during their most recent inspections by the Virginia Department of Health. > Read more.

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The Fairfield Middle School Fresh Market will be held every Wednesday at the school, 5121 Nine Mile Rd., from 4 p.m. to 6 p.m., through Aug. 13. All produce is… Full text

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