‘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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Eyes in the sky


Members of the Henrico Citizens Police Academy Alumni (pictured) got a rare peek at the “high” side of law enforcement recently, with a trip to the Metro Aviation Hangar adjacent to Richmond International Airport.

About 25 academy alumni gathered at the hangar July 11 to hear Officer Shaun McCarthy describe a typical day aloft - and some not so typical – in a Cessna owned by the Metro Aviation Unit. > Read more.

Rock on!


The painted rocks craze is thriving in Henrico, as a walk around the grounds of local libraries and parks will demonstrate. This rock was spotted near Libbie Mill Library, and there's a slideshow of many more uniquely-painted stones on the RVA Rocks Facebook page (https://facebook.com/groups/RVARocks/).

Painting and hiding rocks is a family activity appropriate for all ages, and parents especially like the way it fosters creativity and gets kids outdoors. > Read more.

Goochland man arrested at RIC with gun


A Goochland County man was arrested at Richmond International Airport July 19 after Transportation Security Administration officers found a loaded semi-automatic handgun in the traveler’s carry-on bag.

A TSA officer detected the 9 mm caliber handgun inside the man’s carry-on bag as it entered the security checkpoint X-ray machine. The handgun was loaded with 12 bullets. > Read more.

Kansas man struck, killed while crossing West Broad Street

A 54-year-old Kansas man was struck and killed by a car while attempting to cross West Broad Street near Bethlehem Road in the Near West End at about 10:30 p.m., July 19.

Julius A. McBride of Overland Park, Kansas, was struck by a car traveling east on West Broad Street. > Read more.

Henrico Police warn citizens to ‘Take it, Lock it or Lose it’


Eastern parts of Henrico County have witnessed a recent increase in larceny from automobiles, so Henrico Police officials are spreading the word to encourage citizens to lock their vehicles.

Police are handing out and posting fliers and putting message boards in neighborhoods to educate residents.

There usually is a rise of larceny from automobiles during Christmas, spring and summer break, said Henrico Police Officer James Bupp. > Read more.

Henrico Business Bulletin Board

July 2017
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EngAGE in Henrico County will present “Beat the Deceit: How to Safeguard Yourself Against Scams and Fraud” from 2 p.m. to 3 p.m. at Gayton Library. The Better Business Bureau’s Senior Fraud Program will share how to detect red flags of deceptive business practices and how to avoid becoming a victim of scams, fraud and identity theft. Register by July 27 by calling 501-5065 or emailing .(JavaScript must be enabled to view this email address). Full text

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