This year, there were eight priority bills used to calculate House scores. This section provides a summary of the legislation, followed by a description of what happened behind the scenes and a vote count. A red X indicates a bill VALCV opposed, and a green check indicates a VALCV supported bill.
If you would like to research this legislation yourself, visit the Legislative Information System site and search the 2006 General Assembly Session.
HB 450 - Land Preservation Tax Credit. Patron: Delegate R. Lee Ware
Removes the $100,000 annual credit limit that a taxpayer may take for qualified easement
donations and requires the filing of a statement that describes how the less-than-fee interest meets the requirements of Internal Revenue Code 170(h).
It also allows easements on historic buildings listed on the Virginia Landmarks Register. A fee of 1% of the value of the donated interest, or $5,000, whichever is less, is imposed on any taxpayer who transfers unused tax credits. It also allows the tax credits to pass at the death of the taxpayer to his estate and allows the estate to transfer unused tax credits.
This House bill was the counter to Senate Bill 92. The House firmly seeks to protect Virginia's successful land conservation tax credit program. Because the tax credit bills became a negotiating point in the budget process, the bills failed to progress beyond Senate/House conference. Because this issue is one of VALCV's session priorities, the House floor vote was included in the Scorecard despite having no opposing votes. (97-Y, 0-N, 3-NV)
HB 1055 - Air Emissions Controls - Governor's Amendment. Patron: Delegate Jack Reid
Establishes a phased schedule for electrical generating units to reduce their emissions of sulfur dioxide, nitrogen oxide, and mercury and allows regulated facilities to cap and trade.
This bill started out as a comprehensive, multi-pollutant bill requiring real reductions in sulfur dioxide, nitrogen oxide, and mercury from Virginia power plants. Unfortunately the bill was eventually combined with SB 651 and HB 1471, legislation introduced by the power industry. While the bill does address some of the original intent, it also now requires DEQ to adopt the lax EPA rule for mercury and to adopt the EPA Clean Air Interstate Rule. VALCV asked the Governor to amend the bill to address some of the mercury shortcomings in the bill. We supported his amendment that requires the Mirant Plant to only buy mercury credits across the river in Maryland instead of nationwide. The Scorecard vote is the House floor vote on the Governor’s amendment in the reconvened session on April 19. (99-Y 0-N)
HB 1185 -
Water Protection Permits; Regulation of Agricultural Withdrawals. Patron: Delegate Steve Landes
Prohibits the requirement of a Virginia Water Protection Permit for any water withdrawal from a privately owned agricultural water facility that is located outside the path of regularly flowing surface waters. Requirements shall only include annual reporting and minimal requirements necessary to maintain in stream flow for the protection of the beneficial uses as stated in the subsection.
House substitute legislation called for a nearly complete exemption from permitting requirements for all agricultural uses of water regardless of their impact upon other riparian landowners and beneficial public uses of water. Senator Hanger was able to get amendments passed on the Senate floor to reinstate protections of instream flows.
HB 1435 - Regulation of Farm Wineries. Patron: Delegate David Albo
Provides that localities may not require that a special use permit be obtained for the processing of wine by licensed farm wineries. Permits and permit requirements in effect on January 1, 2006 shall remain in place until July 1, 2007 unless the requirements are amended to be less restrictive. The Secretary of Agriculture and Forestry will undertake a study of issues surrounding the farm winery industry with results finalized by the 2007 General Assembly session.
The original House version of HB 1435 would have allowed for virtually unlimited commercial events at wineries without local review or approval. The Senate committee’s substitute bill eliminates the sweeping language of the original bill that would have usurped local authority. The vote selected for the Scorecard is the House floor vote for passage. (75-Y 25-N)
SB 87 - Billboard Vegetation Control. Patron: Senator John Watkins
Establishes a statewide standard for vegetation control around billboards.
This bill’s original intent was to expand VDOT’s current program for issuing permits for the cutting of trees to apply even in municipalities. Amendments were subsequently introduced at every Transportation committee meeting that served to strip the VDOT Commissioner’s ability to place conditions on the permits. The House floor vote for passage is included in the Scorecard.(51-Y 46-N 2-A)
SB 262 - Virginia Energy Plan. Patron: Senator Frank Wagner
Establishes a state energy policy and directs the Division of Energy of the Department of Mines, Minerals, and Energy to prepare a ten-year plan to implement the Commonwealth’s energy policy by July 1, 2007.
This bill was revised 9 times this year before the final version that Governor Kaine offered was adopted. VALCV supported the Governor’s amendment that improved the bill by addressing offshore gas drilling, nuclear and wind facility siting, and energy tax deductions. This final vote during the reconvened session was problematic though because the House debate centered upon whether the Senate floor vote was procedurally correct. Because it appeared that the votes were affected by the Constitutionality debate, the votes selected for the Scorecard are the floor votes for passage. A vote to oppose the bill is a correct vote. (74-Y 21-N)
SB 373 - Transfer of Development Rights. Patrons: Senators John Watkins and Edd Houck
Allows localities to provide for the transfer of development rights from a parcel of property located in the locality to another parcel of property located elsewhere in the locality. SB 373 enjoyed support from all quarters – the Governor, homebuilders, local governments, and smart growth advocates. Since it is generally not VALCV’s practice to include unanimous votes in the Scorecard, the Senate floor vote for passage was not included. The House vote was included however. (94-Y 3-N)
SJ 184 - Construction and Operation of an I-95 Alternative Highway. Patron: Senator Frank Wagner
Requests the Secretary of Transportation and the Commonwealth Transportation Commissioner to explore the feasibility and desirability of entering into an interstate compact for the construction and operation of a controlled access highway between Dover, Delaware and Charleston, South Carolina.
The Commonwealth can’t fund maintenance of our current road infrastructure but the General Assembly wants to consider yet another new interstate highway. The Senate adopted SJ 184 unanimously but the House passed substitute language. The vote in the Scorecard is the post-conference House floor vote. (82-Y 15-N 3-NV)
