‘Solar freedom’ law won’t see light of day
By Ashley McLeod, Capital News Service 04/23/12
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.
By Holly Speck and Hannah Matheson, Capital News Service 02/24/2017 General AssemblyGeneral Assembly 2017
Senior students at Glen Allen High School will get a personal touch when studying elections with their AP government teacher.
That teacher, Schuyler VanValkenburg, recently announced his intention to seek the Democratic nomination for the 72nd District seat in the House of Delegates. If he earns the nomination, he will run against Del. Jimmie Massie, R-Henrico, who has been unopposed for 10 years.
VanValkenburg, a 2004 University of Richmond alumnus who majored in history, is running for office for the first time. Although he has lived in Richmond since he began his undergraduate studies, aside from one year spent in Seattle, he said he never felt it was his time to run. > Read more.
School and business leaders from around the region, including (pictured, from left) Simon Hodges of Dominion Resources, Daphne Swanso(president of Junior Achievement of Central Virginia) and Henrico County Manager John Vithoulkas, gathered at Libbie Mill Library Feb. 23 for the Junior Achievement Finance Park construction kickoff. > Read more.
Finishing a day early, House and Senate negotiators agreed on a budget Wednesday that includes employee pay raises and more money for K-12 education and mental health.
The negotiators presented their budget to their fellow lawmakers in time for the required 48-hour review, which could be completed by Friday night with a chance to adjourn their 2017 session before Saturday’s target date.
Republican leaders in the House and Senate praised the spending plan’s conservative fiscal policies. > Read more.
A section of Charles City Road, from Lewis Road to South Airport Drive, will be closed beginning Sunday, Feb. 26 as part of a project to widen and improve the road.
The Henrico County Department of Public Works expects the closure to last for a few weeks.
Westbound traffic on Charles City will be detoured around the work zone by way of South Airport, Seven Hills Boulevard and Laburnum Avenue. > Read more.
By Rodrigo Arriaza and Maura Mazurowski, Capital News Service 02/24/2017 General AssemblyGeneral Assembly 2017
Officials with the American Civil Liberties Union called on Gov. Terry McAuliffe on Wednesday to veto Republican-backed legislation banning local governments in Virginia from designating themselves as sanctuaries for undocumented immigrants. They also said they plan to fight federal and state policies that they believe violate immigrants’ rights.
At a news conference, representatives of the ACLU of Virginia and other civil rights organizations criticized anti-immigrant measures passed by the General Assembly. They also condemned the recent spike in deportation raids on immigrant communities in Virginia by federal Immigration and Customs Enforcement, as well as President Donald Trump’s recent executive order banning immigrants from seven mostly Muslim countries. > Read more.
St. Joseph's Villa’s Flagler Housing & Homeless Services was one of three entities to earn the National Alliance to End Homelessness' Champion of Change Award. The awards were presented Nov. 17 during a ceremony at the Newseum in Washington, D.C.
NAEH annually recognizes proven programs and significant achievements in ending child and family homelessness.
Flagler completed its transition from an on-campus shelter to the community-based model of rapid rehousing in 2013, and it was one of the nation's first rapid re-housing service providers to be certified by NAEH. > Read more.
Richmond International Raceway's 13th annual Community Christmas tree lighting has been rescheduled from Dec. 6 to Monday, Dec. 12, at 6:30 p.m., due to inclement weather expected on the original date.
Entertainment Dec. 12 will be provided by the Laburnum Elementary School choir and the Henrico High School Mighty Marching Warriors band. Tree decorations crafted by students from Laburnum Elementary School and L. Douglas Wilder Middle School will be on display. Hot chocolate and cookies will be supplied by the Henrico High School football boosters. > Read more.
Given the warm weather lately, Saturday’s RVA Polar Plunge Winter Fest, benefiting Special Olympics Virginia, might actually be enjoyable! Other weekend events you’re sure to enjoy include the 14th annual Richmond Kids Expo at the Richmond Raceway Complex, the Richmond Symphony and The Taters in concert at The Cultural Arts Center at Glen Allen, and the Richmond Ballet Minds in Motion Team XXL performing at the Henrico Theatre. This is also the last weekend to check out HATTheatre’s production of “Bill W. and Dr. Bob.” For all our top picks this weekend, click here! > Read more.
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CalendarThe Weinstein JCC will host a Women’s Night Out at 7 p.m. The Center will be transformed into a knee-slapping, kick-up-your-heels honky tonk where ladies will enjoy Tex-Mex food and drinks, country music and line dancing. Learn about the Jewish cowboys and explorers who helped pioneer the American West. Cost is $18 for members and $27 for nonmembers. For details, visit http://www.weinsteinjcc.org. Full text