‘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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Participants sought for ‘Walk to End Alzheimer’s’


The Richmond Walk to End Alzheimer’s will be held Saturday, Nov. 4, at Markel Plaza in Innsbrook, and the Alzheimer's Association of Greater Richmond is seeking participants.

The event, one of three walks the association will hold in its service area this year (the Middle Peninsula-Northern Neck walk was held Oct. 7 and the Fredericksburg walk Oct. 14) raises money to help the association fight the disease, which affects more than 26,000 people in the metro Richmond region. > Read more.

Fairfield meeting Oct. 25 to focus on cybersecurity


Henrico County Board of Supervisors Vice Chairman and Fairfield District Supervisor Frank J. Thornton will hold a constituent meeting Wednesday, Oct. 25 to discuss cybersecurity.

Thornton also has invited candidates who will be seeking election to local offices on Tuesday, Nov. 7 to introduce themselves. > Read more.

Music makers


Members of the Glen Allen High School Marching Band perform at Glen Allen High School Oct. 16 as part of the annual Henrico County Public Schools Band Showcase. > Read more.

McShin Academy expanding to St. Joseph’s Villa


Two Lakeside-area nonprofits are partnering to create what is believed to be the first recovery high school in Virginia.

The McShin Academy will be a joint effort of the McShin Foundation (a recovery community organization based at Hatcher Memorial Baptist Church in Lakeside) and St. Joseph's Villa (a 183-year-old nonprofit on Brook Road that provides a variety of services for children with special needs). > Read more.

Reynolds CC dedicates student center


Reynolds Community College recently celebrated the dedication of the Jerry and Mary Owen Student Center, named for longtime supporters of the college who have made numerous investments in it.

Jerry Owen served on the Reynolds College Board from 1984 to 1988, and he and his wife support the college’s scholarship fund and created an endowment for the Reynolds Middle College, which helps students earn a high school equivalency and transition into a degree or workforce credential program. > Read more.

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The Junior League of Richmond will present its 12th annual Touch a Truck event from 10 a.m. to 3 p.m. at the Richmond Raceway Complex. This unique and interactive event allows children to see, touch and safely explore their favorite big trucks and heavy machinery, as well as to meet the personnel who protect, serve, and build the Richmond community. Vehicles on display include tractors, backhoes, emergency responders, utility trucks, and a helicopter. There will also be entertainment, food trucks, games, area mascots, bounce castles and more. Tickets are $5 or $15 for a family of four. For details, visit http://www.richmondtouchatruck.org. Full text

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