‘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.
The event will feature a full fashion show, oversized balloon sculptures and confetti cannons – all in the name of inner beauty, Biblical modesty and vibrant purity. > Read more.
Citizen Staff Reports 01/15/2015
In September, Richmond Region Tourism launched OutRVA, a campaign designed to show people Richmond’s strong LGBT community and highlight the area as a travel destination.
The winning couple will say "I do" in a ceremony coordinated by event designer and floral artist Casey Godlove of Strawberry Fields Flowers & Gifts and marriage concierge, Ayana Obika of All About The Journey. The couple will receive wardrobe and styling, a custom wedding cake, florals, an overnight stay at the Linden Row Inn (including a suite on the day of the wedding for preparation), and a post-wedding brunch at the Hilton Garden Inn on Sunday, March 8. > Read more.
Citizen Staff Reports 01/12/2015
It’s off to the theatre – this weekend in Henrico! “Two on Tap” at CACGA brings audiences back in time to an era when couples like Fred & Ginger and Mickey & Judy filled the silver screen. CAT Theatre’s production of “Book of Days” begins tonight and runs through Feb. 7. Fans of the Emmy Award-winning 1970s Saturday morning cartoon “Schoolhouse Rock!” will love the live adaptation at the University of Richmond on Sunday. The Shanghai Quartet will also perform at the University of Richmond. For all our top picks this weekend, click here! > Read more.
Screenings include short films from the RVA Environmental Film Contest entries at 5 p.m., followed at 5:45 p.m. by Stripers: Quest for the Bite, a film for anglers. The main feature film, Slingshot, will begin at 6:50 p.m.
SlingShot focuses on Segway inventor Dean Kamen and his work to solve the world’s water crisis. SlingShot is about a man whose innovative thinking could create a solution for a crisis affecting billions – access to clean water. Kamen lives in a house with secret passages, a closet full of denim clothes and a helicopter garage. His latest passion: the SlingShot water purification system created to obliterate half of human illness on the planet. > Read more.
- More News
Jan. 22, 2015Click here to read the print edition.
- More Entertainment
- More Obituaries
- More Community
- More Opinions
- More Sports
ClassifiedsREADERS & MUSIC LOVERS. 100 Greatest Novels (audio books) ONLY $99.00 (plus s h.) Includes MP3 Player & Accessories. BONUS: 50 Classical Music Works & Money Back Guarantee. Call Today!… Full text
CalendarThe Henrico County Department of Community Revitalization is seeking community input to help establish funding priorities for the next five years of housing and community development programs. Public hearings are… Full text