Henrico County VA

‘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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Community

Henrico to offer Christmas tree recycling

Henrico residents can recycle their Christmas trees after the holidays at one of several locations in the county.

From Dec. 26 through Jan. 11, trees will be accepted at the following spots:

• Springfield Road Landfill Public Use Area, near Nuckols Road and I-295 – open from 7:30 am to 7 pm daily, except holidays;

• Charles City Road Landfill Public Use Area – 7:30 am to 7 pm daily, except holidays; > Read more.

Holidays will delay some CVWMA collections


CVWMA curbside recycling collection and trash collections will have a one day delay in collections Dec. 25-26 and Jan. 1-2. There will be no collections on Dec. 25 or Jan. 1.

Curbside recycling collections Monday through Wednesday will be on regular schedule. Red Thursday and Red Friday curbside recyclers will have a one day delay in collection services Dec. 25-26. Blue Thursday and Blue Friday curbside recyclers will have one day delay in collection services Jan. 1-2. Containers should be placed at the curb by 7 a.m. on collection day. All Friday collections will take place on Saturday. > Read more.

MADD to host candlelight vigil Dec. 2 at UR

Mothers Against Drunk Driving (MADD) will host a candlelight vigil of remembrance and hope Tuesday, Dec. 2 at 7 p.m. at the University of Richmond, outside the Cannon Chapel. The public is invited to attend and join MADD to honor victims of impaired driving crashes, while helping to remind the community to be safe during the holidays. > Read more.

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Entertainment

A gift that should stop giving

‘Jingle All the Way 2’ is expectedly flawed
Was anyone asking for an extra-large helping of Larry the Cable Guy this Christmas? If so, you can thank Santa Claus for Jingle All the Way 2.

If not, you can be like the rest of us and curse Santa for his folly in creating such a film. Santa, we neither wanted nor needed this.

A follow-up to the much-derided 1996 Christmas film Jingle All the Way, Jingle All the Way 2 isn’t so much a sequel as it is an odd kind of remake, offering a few original twists on the original’s dad-vs-dad holiday showdown, but also copying large chunks of the original without alteration. > 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.

Weekend Top 10


Several holiday performances take place this weekend in Henrico including “It’s a Wonderful Life” and Theatre IV on Tour’s “’Twas the Night Before Christmas” – both at The Cultural Arts Center at Glen Allen. The Central Virginia Masterworks Chorale will perform Vivaldi’s “Gloria” at River Road Church, Baptist and the Virginia Repertory Theatre will present “Santa’s Christmas Miracle” at the Children’s Theatre at Willow Lawn. A fun annual tradition, now in its 14th year, will be at SkateNation Plus in Short Pump – Chabad of Virginia’s Chanukah on Ice. For all our top picks this weekend, click here! > Read more.

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Henrico County Division of Recreation and Parks will host the Decemburrr Day Camp for ages 8-12 from Dec. 29-31 at Deep Run Recreation Center and Eastern Henrico Recreation Center. Kids… Full text

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