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Legislative News

The 2009 regular session of the Virginia General Assembly will convene on Wednesday, 14 January 2009. This session will likely be dominated by issues and discussions related to the $3 billion budget shortfall.

APVA Preservation Virginia will monitor the budget and legislative discussions and the impact on Virginia's irreplaceable historic places. We will release weekly updates tracking the status of bills and alert you to any actions that need to be taken.

As always, your support in letting legislators know that historic preservation is important to Virginians is appreciated. Please forward these weekly alerts to others who have an interest. Encourage them to sign up for future alerts to grow our numbers and send a powerful message about historic preservation priorities.

Budget Issues

In his budget message on December 17, Governor Kaine made the following comment on the Land Preservation Tax Credit (LPTC):

In our review, my budget team and I also looked at revenue policies. Land preservation remains a top priority of my administration and we are well on the way toward my goal of permanently protecting 400,000 acres of land during my tenure. However, in these economic times, every program must be on the table. I propose to keep the annual total credit as is, but to make an adjustment in how much of the credit an individual taxpayer may claim in any tax year. By reducing the annual credit maximum for a taxpayer from $100,000 to $50,000 we can save $50 million. I will propose extending the period during which an individual can claim those credits.

The actual language in the Governor's proposed budget reads as follows:

5.12 (language only)

§3-5.12 LAND PRESERVATION INCOME TAX CREDIT

Notwithstanding any other provision of law, for taxable years beginning on and after January 1, 2009, and before January 1, 2011, the $100,000 limitation in §58.1-512 C 1 shall be $50,000. Any portion of the Land Preservation Income Tax Credit that would have been allowable but for the $50,000 limitation imposed by this section may be carried over by the affected taxpayer for a maximum of 12 consecutive taxable years following the taxable year in which the credit originated until fully expended in the case of the taxpayer to whom the credit was issued, and 13 years following issuance of the credit in the case of a taxpayer to whom the credit has been transferred.

The following is a list of bills that we are currently monitoring:

Bill Key

• ! Priority Bill
• X Stricken, Failed, PBI'd, Tabled, Rolled into another bill, Left in committee
• 10 Carried over/Continued to 2010
• † Passed chamber where introduced
• ‡ Passed Both Chambers
• C In Conference Committee
• E Enrolled
• Gov Signed by Governor

† HB 1671 Derelict buildings; defined as building that has endangered public health and safety, etc.
Summary as Introduced:
Derelict Buildings. Defines derelict building as one that has endangered public health and safety, been vacant, boarded up, and without lawful utilities for a period in excess of six months. Authorizes local governments to incentivize owners' timely submission of a plan for demolition or renovation,by providing real estate tax abatements and fee refunds. Simplifies tax lien enforcement and blight provisions and encourages action on derelict buildings by adjusting time frames. This bill is recommended by the Virginia Housing Commission. Click here.
Patron(s): Dance, Alexander, BaCote, Bouchard, Hall, Herring, Howell, A.T., Ingram, Marshall, D.W., Mathieson, McClellan, McQuinn, Melvin, Miller, P.J., Spruill, Toscano, Tyler, Ward and Ware, O.
--12/22/08 House: Referred to Committee on Counties, Cities and Towns
--01/20/09 House: Assigned CC & T sub: 2
--01/22/09 House: Subcommittee recommends reporting with amendment(s)
--01/23/09 House: Reported from Counties, Cities and Towns with amendments (22-Y 0-N) --02/03/09 House: Committee amendments rejected
--02/03/09 House: Substitute by Delegate Dance agreed to 095012484-H1
--02/03/09 House: Amendments by Delegate Orrock agreed to
--02/04/09 House: Read third time and passed House (80-Y 17-N)
--02/05/09 Senate: Referred to Committee on Local Government

! † HB 1891 Land preservation tax credit; reduces amount that may be claimed for taxable years 2009 & 2010.
Summary as Introduced:
Land preservation tax credit. Reduces from $100,000 to $50,000 the amount of the land preservation tax credit that may be claimed for each of taxable years 2009 and 2010. Any taxpayer affected by the credit reduction would be allowed an additional two taxable years in which to claim the land preservation tax credit.
Patron(s): Brink
--01/12/09 House: Referred to Committee on Finance
--01/16/09 House: Assigned Finance sub: 1
--01/21/09 House: Subcommittee recommends reporting
--01/26/09 House: Reported from Finance (20-Y 1-N)
--01/29/09 House: Read third time and passed House (93-Y 6-N)
--01/30/09 Senate: Referred to Committee on Finance

X HB 2027 Derelict buildings; recycled goods.
Summary as Introduced:
Derelict buildings; recycled goods. Allows for an owner of a building to apply to a locality and request that a building that fulfills certain conditions, be declared a derelict building and for the owner to receive a real estate tax abatement and allow for the building materials to be recycled. Click here.
Patron(s): Marshall, D. W.
--01/13/09 House: Referred to Committee on Counties, Cities and Towns
--01/23/09 House: Assigned CC & T sub: 2
--01/29/09 House: Subcommittee recommends referring to VA Housing Commission by voice vote
--01/30/09 House: Passed by in Counties, Cities and Towns with letter

! † HB 2175 Energy projects, small renewable.
Summary as Introduced:
Small renewable energy projects.. Small renewable energy projects. Directs the Department of Environmental Quality to develop a permit by rule for the construction and operation of electrical generation facilities that have a maximum capacity of 100 megawatts and that generate electricity only from sunlight, wind, falling water, sustainable biomass, energy from waste, municipal solid waste, wave motion, tides, or geothermal power. A small renewable energy project for which such a permit by rule has been issued will be exempt from requirements that the State Corporation Commission permit its construction and operation.
Patron(s): Hogan, Miller, J.H., Athey, Cole, Lingamfelter, Merricks, Poindexter and Scott, E.T.
--01/14/09 House: Referred to Committee on Commerce and Labor
--02/05/09 House: Reported from Commerce and Labor with substitute (19-Y 2-N)
--02/09/09 House: Committee substitute agreed to 090174536-H1
--02/10/09 House: Read third time and passed House (80-Y 18-N)

! † HB 2546 Jamestown-Yorktown Foundation; America's 400th Anniversary Commemoration, report.
Summary as Introduced:
Jamestown-Yorktown Foundation Jamestown-Yorktown Foundation; America's 400th Anniversary Commemoration; report. Provides for the Jamestown-Yorktown Foundation to prepare a report providing an overview of the planning and a record of events for America's 400th Anniversary Commemoration on or before June 30, 2009. Under the bill the report will be prepared under the guidance of the planning entity and published as a joint document of the House of Delegates and the Senate of Virginia. The bill includes an emergency clause.
Patron(s): Howell, W.J.
--01/20/09 House: Referred to Committee on Rules
--01/27/09 House: Reported from Rules (13-Y 0-N)
--02/02/09 House: Passed House BLOCK VOTE (98-Y 0-N)
--02/03/09 Senate: Referred to Committee on Rules

† HJ 725 Constitutional amendment (first resolution); taking of private property for public uses.
Summary as Introduced:
Constitutional amendment (first resolution); taking of private property for public uses. Establishes what constitutes a taking of private property for a public use. Takings are for a public use only if (i) the property is taken for the possession, occupation, and enjoyment by the public or a public entity; (ii) the land is taken for construction, maintenance, and operation of public facilities by public corporations or by private entities provided that there is a written agreement with a public entity providing for the use of the facility by the public; (iii) the land is taken for the creation or functioning of a public service corporation, public service company, or railroad; (iv) the land is taken for the provision of utility services by a government utility corporation; (v) the land taken is blighted and is taken for the elimination of blight; or (vi) the property is taken in a redevelopment or conservation area that is abandoned or the acquisition is needed to clear title where one of the owners agrees to such acquisition or the acquisition is by agreement of all the owners. Property can only be taken when the public interest dominates the private gain and the primary purpose is not private financial gain, private benefit, an increase in tax base or revenues, or an increase in employment, except if the property is taken for the creation or functioning of a public service corporation, public service company, or railroad, or for the provision of authorized utility services by a government utility corporation.
Patron(s): Bell
--01/14/09 House: Referred to Committee on Privileges and Elections
--02/06/09 House: Reported from Privileges and Elections with substitute (17-Y 4-N)
--02/10/09 House: Committee substitute agreed to 095621432-H1
--02/10/09 House: Agreed to by House (68-Y 31-N)

† SB 838 Land preservation tax credit; conveyance for public parks or public recreational facilities.
Summary as Introduced:
Land preservation tax credit; conveyance for public parks or public recreational facilities. Land preservation tax credit; conveyance for public parks or public recreational facilities. Provides that the land preservation tax credit would equal 60 percent of the fair market value of any land that is donated to a state or local governmental entity for the purpose of a public park or public recreational facility. The 60 percent tax credit would apply only if (i) the responsible authorities of a park authority or local park agency or the Department of Conservation and Recreation execute a written document stating its acceptance of the donation, and (ii) the conveyance is in accordance with the current comprehensive plans of the counties or cities in which the donated land is located. All other donations under the land preservation tax credit would not be affected by the bill and would be eligible for a 40 percent tax credit as provided under current law. Click here.
Patron(s): Ticer; Del. Bouchard
--12/22/08 Senate: Referred to Committee on Finance
--01/28/09 Senate: Reported from Finance (8-Y 7-N)
--02/02/09 Senate: Read third time and passed Senate (21-Y 18-N)

† SB 907 Incorporating powers of fiduciary into will or trust instrument; donation of conservation easements.
Summary as Introduced:
Incorporating powers of fiduciary into will or trust instrument; donation of conservation easements. Incorporating powers of fiduciary into will or trust instrument; donation of conservation easements. Provides for the power of fiduciaries to donate conservation easements to obtain the benefit of certain estate tax exclusions to be incorporated in any will or trust instrument by statutory reference. Click here.
Patron(s): Stuart and Vogel; Del.: Pollard
--01/05/09 Senate: Referred to Committee for Courts of Justice
--01/28/09 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
--02/03/09 Senate: Read third time and passed Senate (40-Y 0-N)

X SB 908 Public service corporation; prohibits acquiring land, etc. therein subject to conservation easement.
Summary as Introduced:
Condemnation by public service corporations. Prohibits a public service corporation from acquiring by condemnation proceedings land or interest therein that is subject to a conservation easement. If the public service corporation owns a right-of-way in land that is subject to a conservation easement on which it has existing lines or other facilities, then it shall not expand its easement by condemning adjacent land that is subject to a conservation easement. This restriction does not prohibit a corporation from acquiring the right to install, operate, and maintain additional utility facilities within the area of its existing right-of-way or similar interest. Click here.
Patron(s): Stuart and Vogel; Del.: Pollard
--01/05/09 Senate: Referred to Committee for Courts of Justice
--01/21/09 Senate: Passed by in Courts of Justice with letter (15-Y 0-N)
--01/21/09 Senate: Subject matter referred by letter to Secretary of Natural Resources pursuant to Senate Rule 30 (L)

! † SB 986 Land preservation tax credit.
Summary as Introduced:
Reduces amount of land preservation tax credits. Reduces from $100,000 to $50,000 the amount of the land preservation tax credit that may be claimed for each of taxable years 2009 and 2010. Any taxpayer affected by the credit reduction would be allowed an additional two taxable years in which to claim the land preservation tax credit. Click here.
Patron(s): Colgan
--01/28/09 Senate: Reported from Finance (16-Y 0-N)
--02/02/09 Senate: Passed Senate (34-Y 4-N)

† SB 1094 Derelict buildings.
Summary as Introduced:
Derelict Buildings. Defines derelict building as one that has endangered public health and safety, been vacant, boarded up, and without lawful utilities for a period in excess of six months. Authorizes local governments to incentivize owners' timely submission of a plan for demolition or renovation, by providing real estate tax abatements and fee refunds. Simplifies tax lien enforcement and blight provisions and encourages action on derelict buildings by adjusting time frames. This bill is recommended by the Virginia Housing Commission.
Patron(s): Locke, Lucas, Y.B. Miller and Whipple
--01/13/09 Senate: Referred to Committee on Local Government
--01/27/09 Senate: Reported from Local Government with amendments (8-Y 6-N 1-A)
--02/03/09 Senate: Committee amendments rejected
--02/03/09 Senate: Substitute by Senator Obenshain agreed to 097689288-S1
--02/04/09 Senate: Read third time and passed Senate (37-Y 3-N)

! † SB 1115 Virginia Land Conservation Fund; public access parkland.
Summary as Introduced:
Virginia Land Conservation Fund; public access parkland. Adds "public access parkland" to the uses for which money from the Virginia Land Conservation Fund (the "Fund") must be spent in those years when the Fund contains more than $10 million. The Virginia Outdoors Foundation, which administers the Fund, will award grants for public access parkland based on a number of factors, including the availability of alternative public parks in the planning districts where the property is located and the number of people in an immediate geographical area that will have access to the property rather than the size of the property.
Patron(s): Ticer
--01/13/09 Senate: Referred to Committee on Agriculture, Conservation and Natural Resource
--01/26/09 Senate: Reported from Agriculture, Conservation and Natural Resources (10-Y 4-N 1-A)
--01/29/09 Senate: Read third time and passed Senate (28-Y 11-N)

X SB 1221 Businesses; tax credits for donations to nonprofit organizations providing educational funding.
Summary as Introduced:
Businesses; tax credits Establishes a tax credit beginning in taxable year 2009 for businesses donating cash or personal property to nonprofit organizations providing funding (i) in the form of scholarships to students who would have been eligible for the free and reduced lunch program under federal law, but who attend nonpublic elementary or secondary schools, or (ii) in support of innovative educational programs in public schools. Nonprofit organizations to which donations are made would be required to contribute at least 90 percent of their annual receipts for such scholarships or innovative educational programs. The tax credit would equal 80 percent of the donation made by the business. No business would be issued more than $80,000 in tax credit for donations made in a taxable year. The Department of Taxation would be responsible for issuing the tax credits. The Department would be allowed to issue up to $25 million in tax credits in each fiscal year of the Commonwealth.
Patron(s): Obenshain
--01/13/09 Senate: Referred to Committee on Finance
--02/10/09 House: Left in Finance

† SB 1222 Sales and use tax exemption; nonprofit entities.
Summary as Introduced:
Sales and use tax exemption; nonprofit entities. Provides that nonprofit entities with gross annual revenue of at least $750,000 in the previous year must file a financial review performed by an independent certified public accountant in order to be eligible for a sales and use tax exemption. However, for those nonprofit entities with gross annual revenue of at least $1 million in the previous year, the Department of Taxation may require that the entity provide a financial audit performed by an independent certified public accountant in lieu of the financial review.
Patron(s): Obenshain
--01/28/09 Senate: Reported from Finance (11-Y 5-N)
--02/02/09 Senate: Passed Senate (35-Y 4-N)

! X SB 1259 Land preservation tax credit.
Summary as Introduced:
Land preservation tax credit. Increases the cap on the aggregate amount of land preservation tax credits that can be issued to $115 million, beginning in calendar year 2010.
Patron(s): Holtzman; Vogel
--01/14/09 Senate: referred to Committee on Finance
--02/10/09 House: Left in Finance

X SB 1399 The Virginia Commission for Allocating Funds to Nonstate Agencies.
Summary as Introduced:
The Virginia Commission for Allocating Funds to Nonstate Agencies. Creates a commission in the legislative branch of government to apportion or allocate lump sum appropriations for nonstate entities among specific nonstate entities. The Commission would consist of three members of the Senate appointed by the Senate Committee on Rules, three members of the House of Delegates appointed by the Speaker of the House of Delegates, and the Secretaries of Education, Health and Human Services, and Natural Resources, who would serve ex officio with voting privileges. The bill would also provide that beginning January 1, 2010, all appropriations for nonstate entities would be made in a lump sum amount with no specific dollar amount of funding dedicated or otherwise allocated to any nonstate entity. The Commission would be responsible for apportioning the lump sum appropriation among nonstate entities.
Patron(s): Norment
--01/14/09 Senate: Referred to Committee on Rules
--01/26/09 Senate: Assigned Rules sub: Studies
--02/11/09 Senate: Left in Rules

† SB 1401 General Assembly: Budget Bill(s).
Summary as Introduced:
General Assembly: Budget Bill(s). Requires the Chairman of the House Appropriations Committee and the Chairman of the Senate Finance Committee to issue reports concurrently with the budget conference report that specifically identify (i) any nonstate appropriation, (ii) any item in the conference report that was not included in the Budget Bill(s) as passed by either the House or the Senate, and (iii) any item that represents a piece of legislation that failed during that session in either house.
Patron(s): Norment
--01/14/09 Senate: Referred to Committee on Rules
--02/06/09 Senate: Reported from Rules (17-Y 0-N)
--02/10/09 Senate: Passed Senate (40-Y 0-N)

† SB 1416 Preservation of historical sites and architectural areas.
Summary as Introduced:
Preservation of historical sites and architectural areas. Provides that local governing bodies may include in ordinances establishing historic districts, landmarks, and other buildings or structures within the locality having an important historic, architectural, archaeological, or cultural interest, a provision setting forth a 30-day period for archaeological excavation and preservation before the commercial or residential development of a historic district or any area within the locality that has been identified with potential archaeological or historic significance. This bill is a recommendation of the Dr. Martin Luther King, Jr. Memorial Commission.
Patron(s): Blevins
--01/14/09 Senate: Referred to Committee on Local Government
--02/03/09 Senate: Reported from Local Government with amendments (13-Y 1-N)
--02/06/09 Senate: Committee amendments agreed to
--02/09/09 Senate: Passed Senate (40-Y 0-N)

X SJ 290 Constitutional amendment; defines term public uses & specifies which private property may be taken.
Summary as Introduced:
Constitutional amendment (first resolution); taking of private property for public uses. Establishes limitations on takings of private property. Except for property taken for public service companies or railroads, property may not be taken if the primary purpose of the taking is private financial gain, private benefit, an increase in tax base or tax revenues, or an increase in employment. No more property shall be taken than is necessary to achieve the stated public use.
Patron(s): Obenshain, Blevins, Cuccinelli, Hanger, Hurt, Martin, McDougle, Newman, Ruff, Smith, Stolle, Stuart, Vogel and Wampler
--12/23/08 Senate: Referred to Committee on Privileges and Elections
--02/03/09 Senate: Passed by indefinitely in Privileges and Elections (8-Y 7-N)

What Can You Do To Help?

First, please respond to APVA Preservation Virginia's Legislative Alerts as you receive them during the course of the 2009 General Assembly. Alerts will be issued each Wednesday during the session and as needed for critical calls to action.

If you need help identifying your legislator, click on this link: http://conview.state.va.us/whosmy.nsf/main?openform

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Preservation Tools

Contact Your Legislators
Find out who represents you in the General Assembly and how they can be reached.

The State Budget and Historic Preservation
Information about funding for the Department of Historic Resources and the impact of historic preservation on the state's economy.

Citizen's Guide to the Virginia General Assembly
Every citizen has the ability and opportunity to impact public policy and influence the outcome of state legislation. Grassroots lobbying works well when concerned citizens work together to voice their opinions in a determined, positive manner. Together we can make a difference! We have put together a few "tips" and suggestions to assist you in your efforts.