‘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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McShin Academy expanding to St. Joseph’s Villa


Two Lakeside-area nonprofits are partnering to create what is believed to be the first recovery high school in Virginia.

The McShin Academy will be a joint effort of the McShin Foundation (a recovery community organization based at Hatcher Memorial Baptist Church in Lakeside) and St. Joseph's Villa (a 183-year-old nonprofit on Brook Road that provides a variety of services for children with special needs). > Read more.

Reynolds CC dedicates student center


Reynolds Community College recently celebrated the dedication of the Jerry and Mary Owen Student Center, named for longtime supporters of the college who have made numerous investments in it.

Jerry Owen served on the Reynolds College Board from 1984 to 1988, and he and his wife support the college’s scholarship fund and created an endowment for the Reynolds Middle College, which helps students earn a high school equivalency and transition into a degree or workforce credential program. > Read more.

Capital One sponsors ‘Coders Experience’


Capital One hosted its “Coders Experience” event in Richmond and a number of other state locations Oct. 14. The events attracted hundreds of middle school girls, who learned how to create their own mobile apps, hone problem-solving skills and gain software development knowledge. A second day of Coders Experience events will take place Oct. 21. More than 500 Capital One volunteers are participating in the 10 events. > Read more.

Hermitage band member named All-American


The U.S. Army All-American Bowl Presented by American Family Insurance Selection Tour will visit Hermitage H.S. Oct. 19 to recognize Truman Chancy as a 2018 U.S. Army All-American. Hermitage High School will honor Chancy before his classmates, bandmates, family and friends at the high school’s band room during band practice, and he will be presented with his honorary All-American Marching Band jacket. > Read more.

Crime Stoppers’ Crime of the Week: Oct. 16, 2017


This week, Metro Richmond Crime Stoppers is asking for the public to assist the Richmond Police Department in the identification of wayward artists that were using buildings as their canvas.

In the early morning hours of Sept. 14, four people were recorded on security cameras vandalizing multiple properties in the area of the 2500 blocks of West Main Street and Floyd Avenue. The suspects (pictured) were walking north on Robinson Street and spray painting the properties as they meandered along. > Read more.

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October 2017
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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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