Stop Cap & Trade at the local level!

HB 27 Residential energy efficiency standards; exempts certain homes from federal cap & trade legislation.

To be heard by the House General Laws Sub-Committee: #1 Housing today at 5pm in the 5th Floor West Conference Room of the General Assembly Building.

Please contact the members of this sub-committee and urge their vote to report HB27 to the floor for a vote by the full House.

Members: Peace (Chairman), Greason, Helsel, Farrell, Watson, Bulova, Dance

 2011 LEGISLATION PASSED RELATED TO AGENDA 21

UNELECTED GOVERNING BODIES – Unelected governing bodies are authorized to make policy decisions without having to face voters at an election resulting in the potential for abuse. This is contrary to a democratic process in which elected officials can be influenced by the electorate.

HB1521 Water authorities, sewer authorities, etc.; specified as political subdivisions of State.

CONCERN: Authorities are given the power to establish policy, set fees, raise and spend money, create debt, and have the power to regulate. An authority can also be a device to achieve user cost financing when it is politically difficult for a local government to do so.

HB1522 Water and waste authorities; eminent domain powers

CONCERN: Gives the power of eminent domain to an unelected authority.

SB1064 Erosion & sediment control plans; may charge fee to cover costs associated with certain review, etc

CONCERN: Grants power to an unelected body to set the standards and require an erosion and sediment control plan to be submitted for review before land disturbance can occur for any reason and charge fees of least $1,000 or more as they determine necessary for the review and approval, project inspections, and compliance. There are no caps on fees they are allowed to charge and review could result in a requirement for additional expensive permits or fees as the unelected body sees fit.

SB1112 Metropolitan Planning Organizations; specifies role in transportation decision-making process

CONCERN: Establishes an unelected regional authority paid for by taxpayers to be the decision makers and drafters for policies relating to transportation.

SB964 Coastal resource management; Marine Resources Commission, et al., to develop integrated guidance

CONCERN: Grants power to an unelected body to govern and regulate human activity on Virginia's shoreline. The commission has the power to set fees for costly permits for use of shoreline for human activities.

REDISTRIBUTION OF WEALTH – Uses taxpayer funds as incentives to preserve rural land into perpetuity to discourage future growth and to serve as buffer zones between urban boundaries and wildlands. Programs to preserve rural land transfers the tax burden from those who take advantage of preservation programs to the rest of the taxpayers. The potential exists for strict regulations to be imposed to force frustrated land owners to take advantage of programs they might not otherwise participate in.

HB1725 & SB1105 Virginia Farmland Preservation Fund; created

CONCERN: Establishes a fund to use taxpayer money to purchase development rights, fund conservation easement, and provide education of preservation of farmland to the landowner.

SB1104 Open-space land; expands definition to include agricultural and forestal production

CONCERN: Allows local governments to use taxpayer funds to purchase and hold easements for agricultural and forestal production as long as they are in production and not less than 5 years. Local governments that purchase open space easements are eligible for federal grants and other assistance from the federal government on the backs of the taxpayer.

HB1397 - Chief Patron Delegate Bob Marshall

A BILL to amend the Code of Virginia relating to compliance with energy efficiency standards for residences under federal legislation.

01/26/11  House: VOTE: PASSAGE (68-Y 30-N)

Failed in Senate Commerce and Labor Subcommittee #1 (1 - 3)

HB1721 Urban Development Areas - Chief Patron Delegate Bob Marshall

Makes incorporation of urban development areas optional rather than mandatory. Any locality that has previously adopted urban development areas may, and upon voter petition shall, reconsider such action.

02/08/11  House: VOTE: PASSAGE (61-Y 38-N)

02/15/11  Senate: Passed by indefinitely in Local Government (8-Y 7-N)

HB 1438 - Intrastate Commerce Act - Chief Patron Delegate Mark Cole

Provides that all goods produced or manufactured within the Commonwealth, when such goods are held, retained, or maintained in the Commonwealth, shall not be subject to federal law, federal regulation, or the constitutional power of the United States Congress to regulate interstate commerce. The bill does not apply to goods ordered, procured, or purchased by the federal government or by a federal contractor. The bill only applies to goods produced or manufactured on or after July 1, 2011.

01/26/11  House: VOTE: PASSAGE (65-Y 33-N 1-A)

Failed in Senate Commerce and Labor Subcommittee #1 (0 - 4)

HJ 542 - U.S. Constitution - Chief Patron James M. LeMunyon

SJ 280 - U.S. Constitution - Chief Patron Senator Ryan T. McDougle

Makes application to the United States Congress to call an amendment convention for the purpose of proposing an amendment that permits the repeal of any federal law or regulation by the vote of two-thirds of the state legislatures. The resolution states that the application would be revoked and withdrawn if the convention acts to amend the Constitution for any purpose other than an amendment to permit such repeal of a federal law or regulation.

HJ542 01/25/11  House: VOTE: ADOPTION (59-Y 34-N) 

HJ542 Referred to Senate Privileges and Elections Committee

SJ280 Left in Senate Privileges and Elections Committee

HJ693 Virginia Constitutional amendment; Eminent Domain Reform  

In the 2007 General Assembly session, a statute was passed that prohibits private property from being taken by eminent domain for the primary purpose of benefiting a second private party, or for economic development, or for job creation, or for tax revenue enhancement. The eminent domain reform statute also prohibits the government from taking more property than needed to achieve a stated public use and forbids the government from taking one person’s property because adjoining property is blighted.

Since 2007, the condemnors’ lobby attends every session of the General Assembly in an attempt to weaken the good eminent domain reform statute that is now on the books. We must pass a constitutional amendment to protect private property, because constitutional amendments cannot be changed without a vote of the people who are seldom inclined to weaken their own property rights.

02/08/11  House: VOTE: ADOPTION (81-Y 18-N)

02/15/11  Senate: Reported from Privileges and Elections with substitute (8-Y 7-N)

HB 1421 - Immigration Law Enforcement —Chief Patron Dave Albo

The Immigration Enforcement Bill requires that no state or local
government, nor any employee of a state and local government acting in
their official duties, may limit or restrict the enforcement of federal
immigration laws less than the full extent permitted by federal law. The
governor may withhold the apportionment of state funds he deems sufficient to ensure compliance by any local government in violation of this section until such time as the local government complies.

02/08/11  House: VOTE: PASSAGE (73-Y 26-N)

Failed in Senate Rules and Justice Subcommittee: Immigration

HB 1727 Virginia Fair Employment Act; certain public contractors, etc., to enroll in E-Verify Program - Chief Patron Charles Carrico

Requires public contractors, employers with 15 or more employees within the Commonwealth, and localities to enroll in the E-Verify Program by December 1, 2011, and to use the Program for each newly hired employee who is to perform work within the Commonwealth. Employers and contractors that fail to do so are subject to suspension or revocation of certain licenses and invalidation of public contracts. Licenses will be reinstated when an employer or contractor enrolls in the Program or, if already enrolled but not using the Program, prepares and implements a compliance plan.

02/08/11  House: VOTE: PASSAGE (76-Y 23-N)

Failed in Senate Rules and Justice Subcommittee: Immigration

HB 1775 Students; school boards report to Board of Education number enrolled in English as second language - Chief Patron Todd Gilbert

Requires local school boards to annually collect data on the number of students enrolled in English as a Second Language courses and report such data to the Board of Education, as well as provide the number of students unable to provide a birth record upon admission to the public schools. The Board of Education must compile all such data and report it, aggregated by school division, to the Governor and the General Assembly.

02/08/11  House: VOTE: PASSAGE (73-Y 25-N)

Failed in Senate Rules and Justice Subcommittee: Immigration

Important bills to be heard in committee tomorrow -

Please plan to attend if you can.

8:00am 

HB1721 Making UDAs Optional -

Counties, Cities and Towns Committee  meeting will be held in House Room D. 

9:30am

HJ693 Virginia Constitutional amendment; Eminent Domain Reform -

House Privileges and Elections Committee meeting will be held in the 9th Floor Appropriations Committee Room.

1/2 Hour after session adjourns - Could be as early as 1:00pm

HB 1421 - Immigration Law Enforcement 

HB1727 - Virginia Fair Employment Act

HB 1775 School Transparency

House Courts of Justice Committee meeting will be held in House Room C.