General Assembly Update
Tomorrow marks the 20th day of the 45-day 2019 General Assembly Session. HBAV is tracking over 150 pieces of legislation that have a direct or indirect impact on the Commonwealth's residential land development and construction industry. Below is a recap of some of the major legislation that was debated and voted on last week.
HBAV Day at the General Assembly
Thank you to everyone that participated in the HBAV Day at the General Assembly on January 17th. Your grass roots efforts are extremely helpful in supporting our advocacy efforts. Pictures from the day can be viewed on the HBAV Facebook page here!
Legislative Update - Week 3

HBAV Proffer Legislation Passes in House and Senate:

As you know, HBAV has spent much of 2018 working with local governments and other stakeholders from around the Commonwealth on a series of amendments to Virginia's proffer statutes. HB 2342 (Thomas) and SB 1373 (Favola) were introduced after extensive negotiations that last into the first few days on the 2019 Session. These bills make several substantive amendments to Virginia’s proffer law to open the lines of communication between local governments and applicants and allow applicants and localities greater flexibility to discuss and agree upon voluntary proffers that mitigate the concerns raised by local governments and the community during the development review process.

We are pleased to report that both HB 2342 and SB 1373 have passed their respective bodies with bipartisan support and strong margins! HB 2342 passed the House of Delegates this week by a vote of 91 to 6 and will now be sent over to the Senate for a hearing. The other week, SB 1373 passed the Senate by a vote of 29-10, with 1 abstention - this bill will now head to the House of Delegates.

HBAV Affordable Housing Fee Waiver Legislation Passes House Committee:

Delegate Lamont Bagby sponsored legislation on behalf of HBAV to expand the authority for local governments to waive building permits fees and other local fees of private sector entities involved in the construction of affordable housing. The Code of Virginia currently only allows localities to waive building permit fees and other local fees associated with the construction, renovation, or rehabilitation of housing for 501(c)(3) organizations who are pursuing affordable housing developments. With demand for affordable housing continuing to rise, local governments and the housing industry must continue to find ways to remove local impediments to the production of housing at all price-points.

We are pleased to report that HB 2229 passed the House Counties, Cities and Towns Committee unanimously (21-0) and will now be voted on by the full House of Delegates.


Restrictive Tree Ordinance Legislation Defeated in House Subcommittee:

HB 2146 and HB 2333 were heard in the House Counties, Cities, and Towns Subcommittee 2 this week - these bills would have the expanded authority for local governments to enact restrictive tree canopy ordinances. Both of these bills were defeated this week.

Building Permit Issuance and Fee Legislation Passes House Subcommittee:

Delegate David Yancey introduced HB 1966 this year to help strengthen the existing code sections related to the issuance of building permits. HBAV worked with Delegate Yancey and other stakeholders to include language in the bill that clarifies that local building permit fees must be retained in the local building department. We have heard from countless members that local building departments are struggling to stay fully staffed, implement much-need technology and system upgrades, and streamline the review and inspections process. HB 1966 will ensure that the revenue from the local building department are reinvested back into the department and not used for other purposes.

HB 1966 passed a House General Laws subcommittee by a vote of 6 to 1 - this legislation will now be heard by the full General Laws Committee this week.
Cluster Zoning Legislation to be heard in House Subcommittee this week:

HB 2549 was introduced by Delegate Chris Jones, who also serves of the Chairman of the House Appropriations Committee. This legislation would prohibit localities from including areas designated as Resource Protection Areas in a clustering zoning density calculation and provides that nothing in the statute shall require a locality to allow a greater overall density for a clustered development than would be required on a non-clustered development.

The original intent of the cluster zoning legislation was to create incentives for the industry to build denser developments, preserve more open space, and reduce infrastructure costs. The impact of excluding RPAs from cluster development's development's density calculations would be lower lot yields - which may drive some to pursue a conventional development model with less open space. The legislation also adds language to the current cluster zoning statute that states that localities do not have to allow for more density in a clustered development than would be required in non-clustered development.

This bill will be heard by the House Counties, Cities, and Towns Subcommittee 2 on Wednesday. Members of that Subcommittee can be found here and you review the legislation by clicking here.

Meet your HBAV Lobbying Team
Andrew Clark - Vice President of Government Affairs
Andrew represents HBAV and the residential land development and construction industry before the Virginia General Assembly and state regulatory agencies. Prior to joining HBAV in 2017, he was the Director of Government Affairs for the Home Building Association of Richmond.
Craig Toalson - Chief Executive Officer
Craig Toalson has served as HBAV C.E.O. since 2017. Craig oversees all HBAV operations and board directed strategic initiatives, including government affairs, communications, membership, workforce development, HBAV strategic alliances and the HBAV Insurance Agency.  
The Honorable Dave Albo
Dave is a member of the HBAV contract lobbying team at Williams Mullen. Dave represents HBAV to members of the Virginia General Assembly, Virginia's executive branch and state agencies on all matters related to housing. Prior to joining Williams Mullen, he served in the Virginia House of Delegates for 24 years.
Elizabeth Rafferty
Elizabeth is a member of the HBAV contract lobbying team at Williams Mullen. Elizabeth assists HBAV before Virginia’s legislative and executive branches of government, including state agencies and boards. Prior to joining Williams Mullen, Elizabeth was the policy and legislative director at the Virginia Department of Housing and Community Development (DHCD).
Preston Lloyd - HBAV General Counsel
Preston serves as HBAV's General Counsel at Williams Mullen. His extensive experience with counseling national, regional and local property owners and developers with real estate transactions related to land use and zoning, economic development, historic preservation, public finance and local government law allows HBAV to review and analyze legislation and regulations through the perspective of a local land use practitioner.