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HomeMy Public PortalAbout2020_09_22_R100 2021 Legislative Agenda The Town of Leesburg, Virginia PRESENTED: September 22, 2020 RESOLUTION NO. 2020-100 ADOPTED: September 22, 2020 A RESOLUTION: ADOPTION OF THE LEGISLATIVE AGENDA AND POSITIONS STATEMENT FOR THE 2021 VIRGINIA GENERAL ASSEMBLY LEGISLATIVE SESSION WHEREAS, the Virginia General Assembly will convene on January 13, 2020 for the 2021 Legislative Session ; and WHEREAS, the Town of Leesburg has specific legislative initiatives that it would like to see addressed during the General Assembly session; and WHEREAS, the Town of Leesburg has developed a Legislative Agenda to request specific legislative actions; and WHEREAS, the Town of Leesburg has developed a Legislative Positions Statement to provide general guidance on various topics for Town staff and state legislators. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 1. The Town's 2021 Legislative Agenda and Positions Statement are adopted as presented. PASSED this 22"d day of September, 2020. Kelly : i rk, yor Town of Leesburg ATTEST: (Ore.deee:Goe." Clerk of Council LF\LeesburgRMS\Town_Clerk\Resolutions\2020\0922 2021 Legislative Agenda Page 1 1 2021 Legislative Agenda (Working Draft) (Issues are not arranged in priority order) 1 2 A. Ability to Recognize and Enforce Existing Development Approvals for Land that is Annexed 3 or Boundary Line Adjusted into a Jurisdiction 4 The Town Council requests an amendment to Section 15.2-2286 that would add language to 5 allow existing development approvals (proffers, conditions, other obligations) to be recognized 6 and enforced by any locality that may have such land come into its territorial jurisdiction through 7 an annexation, or boundary line adjustment. 8 9 B. City Status 10 The Town Council requests amendment of Virginia Code Section 15.2-3201 and Section 15.2-11 3800 to eliminate restrictions on the granting of city charters to towns with populations more 12 than 40,000. 13 14 A. Remote Meetings of Advisory Boards and Commissions 15 The Town Council requests amending to Section 2.2-3708.2 of the Code of Virginia to allow 16 advisory boards and commissions serving a locality, when not performing any adjudicatory 17 function, to be permitted to conduct meetings virtually, with no requirements for in-person 18 attendance or quorum determination. 19 20 B. State Maintenance Funds for Roadway Paving 21 The Town Council requests that the Virginia Department of Transportation fund road 22 maintenance through the two programs established to help localities with roadway maintenance, 23 the Revenue Sharing maintenance program and the State of Good Repair program. 24 25 C. Unmanned Aircraft Systems (Drones) on Public Lands 26 The Town Council requests that Virginia Code 15.2-926.3 be amended to clarify that the Town 27 has the ability to regulate the use of its public lands, including parks, as it relates to the launching 28 and retrieving of unmanned aircraft systems (drones). 29 30 D.C. Chesapeake Bay TMDL and State Water Quality Management Planning Regulation 31 The Town Council supports the Virginia Municipal Wastewater Association’s position 32 opposing the recently recommended revision of existing nutrient allocation of dischargers (local 33 governments, authorities and industrial facilities). 34 35 E.D. Memorandums of Agreement with the County 36 The Town Council requests an amendment to the Code of Virginia which mandates that counties 37 that contain incorporated towns must provide services to town residents on equal parity with 38 county residents without the necessity of a written agreement and that for those services 39 provided, county regulations and standards apply. 40 41 F.E. Commercial Vehicles on Public Streets 42 The Town Council requests legislation that would amend Section 46.2-1222.1 of the Code of 43 Virginia to allow localities to prohibit the parking of commercial vehicles weighing 8,000 lbs., or 44 more on residential streets. The current minimum gross vehicle weight that can be regulated is 45 12,000 lbs. 46 Town of Leesburg 2021 Legislative Agenda Page 1 2021 Legislative Positions (Working Draft) GENERAL POSITIONS 1 (Issues are not arranged in priority order) 2 A. Oppose any reduction of local taxing authority 3 The Town Council opposes any reduction or narrowing of the taxing authority of local 4 governments, including but not limited to business license tax, machinery & tools tax and meals 5 tax. Further, the General Assembly should take no action to restrict the use of current local 6 revenue sources. 7 B. Oppose any reduction of local land use authority 8 The Town Council opposes legislation that weakens local authority to plan and regulate land use, 9 zoning and property maintenance. This authority should remain with local governing bodies. 10 The Town Council generally supports the granting of additional land use, zoning and property 11 maintenance authority to localities, especially in areas experiencing high rates of sustained 12 growth, and as a means to address the fiscal burdens experienced by localities in providing 13 needed public services to local residents. 14 The Town Council supports existing local authority to accept cash and in-kind proffers from 15 developers to assist localities in financing the capital facilities and infrastructure needed to serve 16 new development and opposes legislation to eliminate or restrict that authority. 17 C. Oppose any unfunded mandates 18 The Town Council opposes any new state mandates that are not fully funded by the 19 Commonwealth, and opposes the shifting of fiscal responsibility from the state to localities for 20 existing programs. 21 D. Support revenue sharing with state 22 The Town Council supports any state revenue sharing formula to assist local governments with 23 public infrastructure needs, so long as the formula includes recognition of the needs in high 24 growth localities. 25 POSITIONS ON SPECIFIC ISSUES 26 (Issues are not arranged in priority order) 27 E. Tree Save Efforts 28 The Town Council supports efforts that would strengthen localities’ ability to require private 29 new construction projects to save existing trees. 30 F. Transportation Funding 31 i The Town Council supports state policy changes to reduce state oversight of locally 32 administered transportation projects. Such oversight is duplicative, cumbersome, and 33 Town of Leesburg 2021 Legislative Positions Statement Page 2 2021 Legislative Positions (Working Draft) inefficient, and results in unnecessary delays and costs. Periodic state audits of locally 34 administered projects would be more efficient and better policy than constant, day to day 35 oversight. 36 ii The Town Council supports state policy changes to mandate further refinement of VDOT 37 cost estimates for transportation projects in an effort to improve accuracy and thus reduce 38 time lost due to the accumulation of unnecessary excess funds. In those circumstances when 39 excess funds are unavoidable, allow those funds to be allocated to other projects more 40 efficiently. 41 iii Construction of Grade-Separated Interchanges 42 The Town Council requests dedicated funding for the construction of grade-separated 43 interchanges to replace the current at-grade signalized intersections in the following 44 locations: 45 (a) Edwards Ferry Road at the Route 15 Bypass, incorporating the intersection of Fort 46 Evans Road and the Route 15 Bypass, as well as facilities that will allow safe 47 pedestrian passage across the Bypass. 48 Status: Interchange Justification Report is in final review by VDOT and Federal 49 Highway Administration. Environmental Document has been approved. Town has 50 received funding from NVTA ($5.4 million) and VDOT Regional Surface 51 Transportation Program ($8 million). Town has applied for $100 million in VDOT 52 SMART Scale funding. 53 (b) Battlefield Parkway at the Route 15 Bypass. 54 Status: Town has received $2 million in NVTA funding for preparation of an 55 Interchange Justification Report. 56 G. Transient Occupancy Tax 57 The Commonwealth should not allow online travel companies to avoid paying the full transient 58 occupancy tax and the Town Council supports legislation to clarify this in the state code. 59 H. Local Authority to Prohibit Firearms on Public Property 60 The Town Council supports legislation that authorizes localities to adopt ordinances that prohibit 61 firearms and ammunition on property owned or leased by the locality. 62 I.H. Higher Education Presence in Leesburg 63 The Town Council supports funding for a state-supported higher education presence in the Town 64 of Leesburg. 65 J.I. Enforcement of Recycling Regulations 66 The Town Council supports legislation that grants localities the authority to enforce compliance 67 with recycling regulations. 68 Page 3 2021 Legislative Positions (Working Draft) K.J. Line of Duty Act 69 The Town Council supports the Virginia Municipal League’s position that funding responsibility 70 for the Line of Duty program should be returned to the Commonwealth. 71 L.K. Legal Notice Publication 72 The Town Council supports legislation that would give localities the authority to post legal 73 notices on websites as a substitute for publishing legal notices in print newspapers. 74 M.L. Restoration of HB 599 Law Enforcement Assistance Funding 75 The Town Council supports the General Assembly fully restoring HB 599 Law Enforcement 76 Assistance Funding to funding levels per the established formulas. The Town has lost 77 approximately $171,000 each year since 2009 in reduced funding from the state. 78 N.M. State Funding for School Resource Officers 79 The Town Council supports legislation that would provide state funding for school resource 80 officers at all public elementary, middle, and high schools. 81 O.N. Chesapeake Bay TMDL and State Water Quality Management Planning Regulation 82 The Town Council supports the Virginia Municipal Wastewater Association’s position opposing 83 revision of existing nutrient allocation of dischargers (local governments, authorities and 84 industrial facilities) for the purpose of transferring allocation to new facilities. 85 P.O. Rights to Share Customer Account Information 86 The Town Council opposes any legislation that would restrict the sharing of customer contact 87 information, exclusive of consumption data, between governmental bodies for the purpose of tax 88 collection. 89 Q.P. Automobile Emissions Inspections 90 The Town Council supports the expansion of biennial motor vehicle emissions inspection 91 requirements for localities with significant Northern Virginia commuting populations. 92 R.Q. Dam Safety Funding and Regulations 93 The Town Council urges the federal government and the Commonwealth of Virginia to provide 94 adequate funding for high hazard dam inspection, maintenance, and reconstruction. 95 S.R. Water Quality Funding 96 The Town Council urges the federal government and the Commonwealth of Virginia to provide 97 adequate funding for state and federally mandated capital improvements for sewage treatment 98 plants, Total Maximum Daily Loads (TMDLs) requirements, MS-4 Permits, and other storm 99 water systems. 100 Page 4 2021 Legislative Positions (Working Draft) T.S. Bills of Financial Impact to the Town 101 Reinstate the requirement that bills resulting in a net expenditure and/or net decrease in revenue 102 for local governments be filed on or before the first day the legislature convenes. 103 U.T. Business, Professional and Occupational License (BPOL) Taxes 104 The Town Council opposes legislation that would eliminate the BPOL tax, unless current 105 revenue from the BPOL tax is replaced with new local revenue that is distributed directly to each 106 locality based on point of sale. Further, the Town Council requests that if the BPOL tax is 107 eliminated, localities be granted the authority to issue an annual license to businesses physically 108 located within the locality for a nominal fee. 109 V.U. Wireless Communication Facility Placement 110 The Town Council opposes any legislation that limits the Town’s authority to regulate the 111 placement of wireless communication facilities in Town right-of-way and on Town-owned 112 facilities and rental and permit fees related to such equipment. 113