‘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.
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Challenger Day will get students with disabilities onto the field


Students from 22 Henrico County elementary schools will take to the baseball field Oct. 18 and learn how to field, hit and run the bases. The students will take part in Challenger Day, an annual event at the Tuckahoe Park Baseball Complex that introduces students with significant disabilities to the fundamentals of baseball. The students will also enjoy games, an art project, roaming mascots and a picnic lunch. > Read more.

Business in brief


Eisenman & Associates, Inc. employee Tracie Grady recently was named the 2017 Virginia Business Meeting Planner of the Year. Grady was chosen by a committee of industry leaders among 19 nominees. The award is a partnership between Virginia Business magazine and the Virginia Society of Association Executives. Its goal is to recognize the unsung hero of the association, non-profit, and business world, the professional meeting planner. Grady works with clients in a number of areas, including membership management, publication design, membership directories and convention/tradeshow programs. She has worked in the association industry, primarily focused on meeting planning, for more than 20 years. She is a graduate of VCU. Eisenman & Associates, Inc. is an association management and meetings consulting company. > Read more.

Lakewood to break ground on $64M expansion


A senior community in Henrico's Far West End is planning a massive expansion project.

Lakewood, located on Lauderdale Drive, will break ground on the project Oct. 19 during a celebration that also will commemorate the community's 40th anniversary. > Read more.

Henrico to hold Oct. 19 workshop on Route 5 Corridor/Marion Hill Study


The Henrico County Planning Department will hold a workshop Thursday, Oct. 19 for residents and other members of the public to provide additional input for a study of the Route 5 corridor and Marion Hill areas.

The workshop will be held from 6:30 to 8:30 p.m. at John Rolfe Middle School, 6901 Messer Road. The meeting will include an overview of community input received so far and an explanation of how it is reflected in the study’s draft goals and objectives. > Read more.

Nominations open for REB awards for principals


Nominations are open for the 2017-18 REB Awards for Distinguished Educational Leadership, The Community Foundation’s yearly awards that identify, recognize and support leadership excellence in the Richmond area.

Honorees receive an unrestricted $7,500 cash grant, and $7,500 to be used for school initiatives. Nominees can be principals from public schools in Henrico, Chesterfield and Hanover counties and the city of Richmond who have served in their current positions for at least three years. > Read more.

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The Friendship Circle of Virginia, in partnership with the ALS Foundation, will present “A True Wonder Woman and her Superhero Husband: An Evening with Dina Hurwitz” at 7 p.m. at Chabad Community Synagogue, 212 N. Gaskins Rd. Hurwitz will share her powerful story of how she and her husband, Rabbi Yitzi Hurwitz, who is battling ALS, and their seven young children maintain a meaningful relationship and thriving organization (Chabad in Temecula in California) despite Yitzi’s condition. The program will also feature remarks from Dr. Scott Vota, chairman of the Department of Neurology at VCU Medical Center, and an elegant dessert buffet. Admission is free but a $10 donation is suggested. To RSVP, call Paula Carl at 740-2000, ext. 0. Full text

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