‘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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‘Senior Cool Care’ program to help older adults in Metro Richmond


For the 27th year, Senior Connections, The Capital Area Agency on Aging is helping older adults combat summer heat through a program now called "Senior Cool Care" (formerly the Fan Care program) that provides fan and air conditioning units for eligible senior citizens.

The program is available to low-income older adults age 60 and older who reside in the City of Richmond and the counties of Charles City, Chesterfield, Goochland, Hanover, Henrico, New Kent and Powhatan. > Read more.

Cyclist killed in crash was 52-year-old man

Henrico Police have named the victim killed June 21 when the bicycle he was riding collided with a truck on Mechanicsville Turnpike near I-64 in Eastern Henrico.

Fifty-two year-old Ray J. Freeman, of Richmond, died at a local hospital after being struck. The truck that hit him was traveling south on Mechanicsville Turnpike. > Read more.

Henrico man sentenced to 10 years in prison for dealing heroin

A Henrico man was sentenced June 20 to 10 years in prison for distribution of heroin.

Arlando Harris, 35, pleaded guilty on Dec. 29, 2016. According to the statement of facts filed with the plea agreement, Henrico Police executed a search warrant at Harris' mother's residence in Henrico on March 16, 2016. > Read more.

Glen Allen HS student earns playwriting residency


A play written by a Glen Allen High School junior was selected, along with seven others, to be performed professionally this summer through a nationally acclaimed Virginia high school playwriting program.

47B, a play written by 16-year-old Glen Allen High school student Dominique Dowling, was chosen by New Voices for the Theater, a playwriting competition sponsored by the School of the Performing Arts in the Richmond Community, from a pool of more than 150 plays by high school students in the state. > Read more.

Missing Eastern Henrico man found dead

Henrico Police have found the body of a missing Eastern Henrico man.

The body of 25-year-old Taj Rashad Bullock, who was last seen June 10 in Eastern Henrico, was found June 20 in a wooded area in that part of the county. > Read more.

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June 2017
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