‘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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A safer way across


A project years in the making is beginning to make life easier for wheelchair-bound residents in Northern Henrico.

The Virginia Department of Transportation is completing a $2-million set of enhancements to the Brook Road corridor in front of St. Joseph's Villa and the Hollybrook Apartments, a community that is home to dozens of disabled residents. > Read more.

New conservation easement creates wooded buffer for Bryan Park

Five years ago, members of the Friends of Bryan Park were facing the apparently inevitable development of the Shirley subdivision in Henrico, adjacent to the forested section of the park near the Nature Center and Environmental Education Area.

As part of the Shirley subdivision, the land had been divided into 14 lots in 1924, but had remained mostly undisturbed through the decades. In 2012, however, developers proposed building 40 modular houses on roughly 6.5 acres, clear-cutting the forest there and creating a highly dense neighborhood tucked into a dead end. > Read more.

Meet the men running for governor


Virginia will elect a new governor this year.

The governor’s position is one of great power and influence, as the current officeholder, Terry McAuliffe, has demonstrated by breaking the record for most vetoes in Virginia history.

However, during the last gubernatorial race in 2014, the voter turnout was less than 42 percent, compared with 72 percent during last year’s presidential election. > Read more.

RISC to address reading, childhood trauma, job training at assembly

On May 1, more than 1,700 community members representing Richmonders Involved to Strengthen our Communities will gather at St. Paul’s Baptist Church (4247 Creighton Road) at 7 p.m. to address elementary reading, childhood trauma and job training in the greater Richmond region. Community members will speak about each issue and proposed solution.

For three years, the organization has sought implementation of a specific literacy program in Henrico County that it believes would help children who struggle with reading. > Read more.

Henrico to begin update of zoning, subdivision ordinances April 26


Henrico County is beginning a comprehensive update of its zoning and subdivision ordinances — the first such effort in six decades — and will introduce the project as part of the April 26 meeting of the Henrico County Planning Commission.

The meeting will begin at 9 a.m. in the Board Room of the Henrico Government Center, 4301 E. Parham Road. The ordinance update project will be featured as the final item on the agenda. Project consultant Clarion Associates will give a presentation, and meeting participants will be able to ask questions and provide comments. > Read more.
Community

Villa’s Flagler Housing wins national NAEH award


St. Joseph's Villa’s Flagler Housing & Homeless Services was one of three entities to earn the National Alliance to End Homelessness' Champion of Change Award. The awards were presented Nov. 17 during a ceremony at the Newseum in Washington, D.C.

NAEH annually recognizes proven programs and significant achievements in ending child and family homelessness.

Flagler completed its transition from an on-campus shelter to the community-based model of rapid rehousing in 2013, and it was one of the nation's first rapid re-housing service providers to be certified by NAEH. > Read more.

RIR’s Christmas tree lighting rescheduled for Dec. 12


Richmond International Raceway's 13th annual Community Christmas tree lighting has been rescheduled from Dec. 6 to Monday, Dec. 12, at 6:30 p.m., due to inclement weather expected on the original date.

Entertainment Dec. 12 will be provided by the Laburnum Elementary School choir and the Henrico High School Mighty Marching Warriors band. Tree decorations crafted by students from Laburnum Elementary School and L. Douglas Wilder Middle School will be on display. Hot chocolate and cookies will be supplied by the Henrico High School football boosters. > Read more.
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Weekend Top 10


For our Top 10 calendar events this weekend, click here! > Read more.

 

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