‘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.
Lewis Ginter Botanical Garden’s admission has increased by $1 across all categories. Admission is now $12 for adults; $11 for seniors ages 55 and older; and $8 for children ages 3–12. Admission remains free for children ages 3 and younger and for members.
The last price increase was in 2011, before the Garden consistently hosted Butterflies LIVE! (which is included with admission). > Read more.
The threat of bad weather didn’t keep visitors away from Lewis Ginter Botanical Garden July 10 for the facility’s weekly Flowers After 5 event (which pairs music and food with a chance to stroll the garden) and its monthly Fidos After 5 (which allows dog owners to bring their pets with them to enjoy the evening). > Read more.
Thanks in part to a $10,000 gift from the Western Henrico Rotary Club, another bright pink Jeep modified to travel extremely rough terrain has been delivered to Midwives For Haiti so that more pregnant women in the quake-ravaged country will have access to prenatal care and a greater chance of surviving childbirth.
The funds were raised at the annual casino night held in February, club president Adam Cherry said. The Rotary Club also helped purchase the Virginia-based charity’s first pink jeep three years ago. > Read more.
A finalist in the Bravo television show Top Chef is bringing one of his four restaurant chains to Henrico County.
Bryan Voltaggio, who was the runner-up of the sixth season of Top Chef, (finishing second to his brother, Michael) and his business partner, Hilda Staples, will open their third Family Meal restaurant, at Henrico's Willow Lawn shopping center. The restaurant is expected to open early next year. > Read more.
The United States Army Field Band will present a free public performance at Deep Run Park in Henrico on Sunday, Aug 3 at 3 p.m.
Members of the band are soldiers who also serve as “musical ambassadors of the Army” and perform for schools and communities nationwide.
The Concert Band will be performing along with the Soldiers’ Chorus. > Read more.
Get up and dance – square dance, that is – with the Tuckahoe Square Dance Club tonight! More musical events this weekend include family-friendly karaoke at Aunt Sarah’s Pancake House, the United States Army Field Band and Soldiers’ Chorus Concert and the Henrico Teen Theatre Company’s production of “The Boy Who Cried Wolf.” For all our top picks this weekend, click here! > Read more.
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