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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HandsOn Day set for Oct. 17

HandsOn Day 2015, which will feature 1200 volunteers serving more than 65 nonprofits in Greater Richmond, will take place Oct. 17 from 9 a.m. to 1 p.m. Among the projects in Henrico or surrounding communities that need volunteers are: installing GardenFest lights Lewis Ginter Botanical Garden, distribution center assistance at Feedmore, pumpkin carving with residents at SupportOne, work and play at Housing Families First, paint for independence at Heart Havens, spruce up the shelter and clean sweep at Harbor House at Safe Harbor, pinwheel project at REAP and Kidney Walk prep at National Kidney Foundation Serving VA. > Read more.

Online tool helps identify best native plants for pollinators

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Native plants are those that grow where they evolved; they have traits that enable them to adapt to local conditions. The Virginia Native Plant Finder lets users create their own custom native plant lists by selecting from dropdown menus. > Read more.

Growlers to Go opens in Short Pump; opening celebration Oct. 15

Growlers to Go has opened its second area location – in Short Pump, next to Trader Joe's.

Unlike the flagship store on the Boulevard in Richmond, this location is equipped with a Tasting Room, offering customers the opportunity to drink pints or tasting wheels as well as order snacks on premises. > Read more.


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Henrico County Public Schools’ Family and Educator Resource Center will sponsor a Bullying-Prevention Workshop Oct. 19 from 6:30 p.m. to 8 p.m. at Godwin High School, 2101 Pump Road. Representatives… Full text

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