‘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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Rolls-Royce supplier lands in Henrico


A United Kingdom-based supplier for Rolls-Royce has established an office and manufacturing center at the Byrd Industrial Park in Eastern Henrico, the Greater Richmond Partnership announced July 18.

Erodex Ltd., a graphite products maker, recently signed a five-year agreement with Rolls-Royce to supply goods to the automotive company's Crosspointe campus in Prince George, Va. Erodex invested $2 million and hired four to quickly ramp up production for its client. > Read more.

New Walmart opens in Eastern Henrico


JULY 19, 7 A.M. – Eastern Henrico's first Walmart Supercenter opens to the public today at 5001 Nine Mile Road. The store, which occupies about 190,000 square feet and employs about 300 people, is located at the site of the former Fairfield Commons Mall, which is now known as Eastgate Town Center. > Read more.

Unattended oily rags cause fire in commercial building near Richmond Raceway


Unattended oily rags that spontaneously combusted caused an early morning two-alarm fire Tuesday in a commercial building in the 3800 block of Carolina Avenue, across from Richmond Raceway.

Henrico firefighters were called at about 5:10 to respond to reports of smoke coming from the building. Once they arrived five minutes later, they found thick smoke pushing from the rood on two sides of a warehouse whose tenant specializes in woodworking and hardwood floors. > Read more.

Crime Stoppers’ Crime of the Week: July 17-23, 2017


Crime Stoppers needs your help to solve a Hit & Run in the City of Richmond.

The crime occurred in the Carver neighborhood at the intersection of West Broad and Goshen Streets, around 6:45 p.m. on Sunday, May 7. Officers were told the victim was on his motorcycle and traveling westbound on West Broad Street. > Read more.

Henrico County property transactions, July 3-9


A sample of property transactions during this period appear below:

5304 Coxson Rd. – $126,500, 1,819 SF (built in 1953), from Madeline M. Weaver to Kyle and Aja O. Powers.

2451 Yarnell Rd. – $140,700, 1,196 SF (built in 1972), from Albert C. and Mary E. Nolan to Albert C. Nolan Jr.

909 Bowitch Ct. – $194,500, 1,824 SF (built in 2001), from Agnes H. Jones to Mark A. Dawkins. > Read more.

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July 2017
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