‘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.
Citizen Staff Reports 12/16/2013
Virginia Blood Services (VBS), the sole supplier of blood for more than 20 hospitals throughout the state of Virginia, is in need of blood donors to help replenish the local blood supply over the holidays.
A decline in blood donations is typical during the winter months as people become busy with holiday activities and travel. Patient needs remain steady, however, making it important for people to visit a VBS donor site or mobile drive to give blood. > Read more.
In Varina, one of the most anticipated events of the season is approaching. The 19th Annual Big Toy Parade will return on Dec 14, offering a “homey,” small-town feel that helps elicit holiday spirit among participants and spectators alike.
The parade, which begins at 3 p.m., is sponsored by the Battlefield Ruritans and Henrico County Parks and Recreation and is held in conjunction with the James River Boat Parade. It is led by a grand marshal along Old Osborne Turnpike and ends at the Osborne Boat Landing, where hundreds of community members gather to await nightfall and the arrival of lighted boats, concluding a festive holiday celebration. > Read more.
Citizen Staff Reports 12/03/2013
The region's two premier youth soccer organizations – the Richmond Kickers and Richmond Strikers – have partnered to create Richmond United, a cost-free U.S. Soccer Development Academy program designed to serve the most talented players in the region. The arrangement marks the first time in U.S. Soccer Development Academy history that two member clubs have united their respective Academy programs.
Slated to begin play in the fall of 2014, Richmond United will field U13/14, U15/16 and U17/18 U.S. Soccer Development Academy teams. The teams will train and play home games at two of the top soccer specific complexes in the nation, Ukrop Park and Striker Park. > Read more.
Eastern Henrico’s annual “Holiday on Parade” event is back tomorrow. Family-friendly activities will take place at various locations in the east end. The festivities will culminate with the 21st annual James River Parade of Lights. Also, several churches throughout the county are hosting holiday celebrations including West End Assembly of God, St. Andrew’s United Methodist Church and The Gayton Kirk Presbyterian Church. For all our top picks this weekend, click here! > Read more.
Estilo charms, with a stylish twist, in Henrico’s Near West End
If you're looking for something a little different from the standard, ho-hum restaurant experience, look no further than The Village shopping center. Among the recent success stories to put down roots in The Village is Estilo, created by the owners of the gastropub Toast (featured in a Feb. 21 review in the Citizen), only a few steps away.
Estilo – which translates to style – offers a taste of Peru, Chile and Bolivia, among other countries, and a menu that rotates regularly through the rest of Central and South America. > Read more.
Disney’s Frozen shines as an instant classic
Disney has spent the past few years in search of that certain something; that ‘Disney Magic.’ It’s been a slow process. From The Princess and the Frog to Tangled to Wreck-it Ralph, the studio took slow steps, welcoming its princesses and fairy tales and musical numbers back into the fold. Every film was an improvement on the last, but none of them had anywhere near the charm or lasting appeal of the early ‘90s highs of the “Disney Renaissance.”
Frozen, by far, is the House of Mouse’s best attempt at a new Little Mermaid. > Read more.
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