‘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.
With a nod to Arbor Day, Citizen seeks photos, descriptions of significant Henrico trees
Citizen Staff Reports 04/28/2015
Do you have a favorite tree in Henrico?
Do you know of a tree with an interesting story?
Do you live near an especially large, old, or otherwise unusual tree – or do you pass by one that has always intrigued you?
Arbor Day 2015 (April 24) was last week, and though the Citizen has published stories about a few special trees over the years (see sidebar) we know that our readers can lead us to more. > Read more.
Henrico's most famous tree, known as the Surrender Tree, still stood for more than a century near the intersection of Osborne Turnpike and New Market Road -- until June 2012.
It was in the shade of that tree on April 3, 1865, that Richmond mayor Joseph Mayo met Major Atherton Stevens and troops from the 4th Massachusetts Cavalry and handed over a note surrendering the city to Federal troops. Evacuation had already begun. > Read more.
The Greater Richmond ARC's annual Ladybug Wine Tasting and Silent Auction on April 11 netted $75,165 to benefit its Infant and Child Development Services (ICDS) program.
About 350 guests sampled fine West Coast wines and craft beer from Midnight Brewery at Richmond Raceway Complex's Torque Club, along with food from local eateries. Carytown Cupcakes provided dessert. > Read more.
A Henrico High School student was one of eight students from Virginia selected as a 2015 student playwright as part of the School of the Performing Arts in the Richmond Community's 26th annual New Voices for the Theater Festival of New Works, which will be held July 10-11 at VCU.
Elaina Riddell of the Center for the Arts at Henrico HS will join the other students and bring her original one-act play to life on stage at the event. In total, 150 plays were submitted to SPARC. Riddell and the other winners will work closely with New York City-based professional playwright Bruce Ward for the event. > Read more.
In the mood for some spring shopping? Eastern Henrico FISH will hold their semi-annual yard sale this weekend – funds raised assist at-risk families in Eastern Henrico County. Lewis Ginter Botanical Garden will hold a spring plant sale which is among the largest in the region with more than 40 vendors selling plants ranging from well-known favorites to rare exotics. Put on your detective hat and find out “whodunnit” at the movie “Sherlock Holmes: A Game of Shadows” and “The Case of the Dead Flamingo Dancer,” presented by the Henrico Theatre Company May 1-17. For all our top picks this weekend, click here! > Read more.
It’s that time of year – charity races are popping up everywhere! On Saturday, St. Joseph’s Villa will be the site of the sixth annual CASA Superhero Run and the fifth annual Richmond Free to Breathe Run/Walk will be held in Innsbrook. Also in Innsbrook, the 2015 Richmond Take Steps for Crohn’s and Colitis will take place on Sunday. If you’re more into relaxation than exercise, check out Wine for Cure’s Dogwood Wine Festival or the Troubadours Community Theatre Group’s production of “West Side Story” at the Henrico Theatre. For all our top picks this weekend, click here! > Read more.
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