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‘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.
Community

Celebrating 106 years

Former Sandston resident Mildred Taylor celebrated her 106th birthday Aug. 9. Taylor, who now lives in Powhatan, is still a member of Sandston Baptist Church. She was visited the day after her birthday by several members of the church, who played for her a recording of the entire church membership singing happy birthday to her during worship. > Read more.

YMCA breaks ground for aquatic center

YMCA officials gathered last week to break ground on the new Tommy J. West Aquatic Center at the Shady Grove Family YMCA on Nuckols Road. The center, which will featured 7,600 square feet of competitive and recreational space, including water slides, play areas for children and warmer water for those with physical limitations, is the fourth phase of a $4 million expansion at the facility. West was president and CEO of Capital Interior Contractors and a founding member of the Central Virginia Region of the Virginia Chapter of Associated Builders and Contractors. > Read more.

Rotary donates to ‘Bright Beginnings’

The Sandston Rotary Club recently donated $1,000 to the Sandston YMCA for its Bright Beginnings program, which helps provide children in need with school supplies for the new school year. > Read more.

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Entertainment

Weekend Top 10


For our Top 10 calendar events this weekend, click here! > Read more.

Bottoms up

Short Pump brewery offers more than just beer
I am still (happily) thinking about my entire experience at Rock Bottom Restaurant and Brewery last week. Knowing nothing about this new brewery out of Denver, I was leery of brew-pub in the heart of Short Pump Town Center – this is not what I’d usually think of as a perfect fit, and yet, it was.

The restaurant and craft brewery opened in early June and features 10 beers made by female brewmaster Becky Hammond (pictured). This is the restaurant’s second location in Virginia; the first is in Arlington. Behind glass walls, customers watched the beer brewing in massive steel barrels. For our up-and-coming beer region, it makes sense that Short Pump would jump on board.

As I walked up to the back of the mall near the comedy club, I was taken aback by what I saw: at the top of the stairs was an overflowing restaurant with outdoor seating, large umbrellas and dangling outdoor lights. > Read more.

Cultural Arts Center announces 2014 fall class schedule

The Cultural Arts Center at Glen Allen is now registering participants for its fall 2014 schedule of classes.

The center will offer more than 100 classes for children and adults, covering topicssuch as culinary arts, fiber arts, visual and performance arts and more. Instruction is structured to appeal to a wide range of abilities, from beginners to experts of all ages. Class sizes are kept small to ensure maximum benefit for participants with generally no more than 15 students. > Read more.

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Learn about the story of Tom and Pharoah from 1 p.m. to 3:30 p.m. at Meadow Farm Museum, 3400 Mountain Rd. On Aug. 30, 1800, these slaves informed Meadow Farm’s… Full text

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