VA SB549 | 2016 | Regular Session
Status
Completed Legislative Action
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: Passed on March 8 2016 - 100% progression
Action: 2016-03-08 - Governor: Acts of Assembly Chapter text (CHAP0322)
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: Passed on March 8 2016 - 100% progression
Action: 2016-03-08 - Governor: Acts of Assembly Chapter text (CHAP0322)
Text: Latest bill text (Chaptered) [HTML]
Summary
Conditional zoning. Provides that no locality shall (i) request or accept any unreasonable proffer in connection with a rezoning or a proffer condition amendment as a condition of approval of a new residential development or new residential use or (ii) deny any rezoning application, including an application for amendment to an existing proffer, for a new residential development or new residential use where such denial is based on an applicant’s failure or refusal to submit, or remain subject to, an unreasonable proffer. A proffer shall be deemed unreasonable unless it addresses an impact that is specifically attributable to a proposed new residential development or other new residential use applied for. An offsite proffer shall be deemed unreasonable pursuant to the above unless it addresses an impact to an off-site public facility such that (a) the new residential development or new residential use creates a need, or an identifiable portion of a need, for one or more public facility improvements in excess of existing public facility capacity at the time of the rezoning or proffer condition amendment and (b) each such new residential development or new residential use applied for receives a direct and material benefit from a proffer made with respect to any such public facility improvements. In any action in which a locality has denied a rezoning or an amendment to an existing proffer and the aggrieved applicant proves by a preponderance of the evidence that it refused or failed to submit, or remain subject to, an unreasonable proffer that it has proven was suggested, requested, or required, formally or informally, by the locality, the court shall presume, absent clear and convincing evidence to the contrary, that such refusal or failure was the controlling basis for the denial.
Title
Conditional zoning; provisions applicable to certain rezoning proffers.
Sponsors
Roll Calls
2016-02-25 - Senate - Senate: House substitute agreed to by Senate (33-Y 5-N 2-A) (Y: 33 N: 5 NV: 0 Abs: 2) [PASS]
2016-02-23 - House - House: VOTE: PASSAGE (72-Y 26-N 2-A) (Y: 74 N: 27 NV: 0 Abs: 2) [PASS]
2016-02-19 - House - House: Reported from Counties, Cities and Towns with substitute (17-Y 4-N) (Y: 17 N: 5 NV: 1 Abs: 0) [PASS]
2016-02-17 - House - House: Subcommittee recommends reporting with amendment(s) (7-Y 0-N) (Y: 7 N: 0 NV: 3 Abs: 0) [PASS]
2016-02-09 - Senate - Senate: Read third time and passed Senate (29-Y 8-N 2-A) (Y: 29 N: 8 NV: 1 Abs: 2) [PASS]
2016-02-04 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2016-02-02 - Senate - Senate: Reported from Local Government with substitute (10-Y 2-N 1-A) (Y: 10 N: 2 NV: 0 Abs: 1) [PASS]
2016-02-23 - House - House: VOTE: PASSAGE (72-Y 26-N 2-A) (Y: 74 N: 27 NV: 0 Abs: 2) [PASS]
2016-02-19 - House - House: Reported from Counties, Cities and Towns with substitute (17-Y 4-N) (Y: 17 N: 5 NV: 1 Abs: 0) [PASS]
2016-02-17 - House - House: Subcommittee recommends reporting with amendment(s) (7-Y 0-N) (Y: 7 N: 0 NV: 3 Abs: 0) [PASS]
2016-02-09 - Senate - Senate: Read third time and passed Senate (29-Y 8-N 2-A) (Y: 29 N: 8 NV: 1 Abs: 2) [PASS]
2016-02-04 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2016-02-02 - Senate - Senate: Reported from Local Government with substitute (10-Y 2-N 1-A) (Y: 10 N: 2 NV: 0 Abs: 1) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2016-03-08 | Governor: Acts of Assembly Chapter text (CHAP0322) | |
| 2016-03-08 | Governor: Approved by Governor-Chapter 322 (effective 7/1/16) | |
| 2016-03-01 | Governor: Governor's Action Deadline Midnight, March 8, 2016 | |
| 2016-03-01 | Senate | Enrolled Bill Communicated to Governor on 3/1/16 |
| 2016-02-29 | Senate | Signed by President |
| 2016-02-26 | House | Signed by Speaker |
| 2016-02-26 | Senate | Bill text as passed Senate and House (SB549ER) |
| 2016-02-26 | Senate | Enrolled |
| 2016-02-25 | Senate | Title replaced 16105559D-H1 |
| 2016-02-25 | Senate | House substitute agreed to by Senate (33-Y 5-N 2-A) |
| 2016-02-23 | House | VOTE: PASSAGE (72-Y 26-N 2-A) |
| 2016-02-23 | House | Passed House with substitute (72-Y 26-N 2-A) |
| 2016-02-23 | House | Engrossed by House - committee substitute SB549H1 |
| 2016-02-23 | House | Pending question ordered |
| 2016-02-23 | House | Amendments by Delegate Marshall, R.G. rejected |
| 2016-02-23 | House | Committee substitute agreed to 16105559D-H1 |
| 2016-02-23 | House | Substitute by Delegate Cole rejected 16105756D-H2 |
| 2016-02-23 | House | Read third time |
| 2016-02-23 | House | Floor substitute printed 16105756D-H2 (Cole) |
| 2016-02-22 | House | Read second time |
| 2016-02-19 | House | Committee substitute printed 16105559D-H1 |
| 2016-02-19 | House | Reported from Counties, Cities and Towns with substitute (17-Y 4-N) |
| 2016-02-17 | House | Subcommittee recommends reporting with amendment(s) (7-Y 0-N) |
| 2016-02-16 | House | Assigned CC & T sub: Subcommittee #2 |
| 2016-02-11 | House | Referred to Committee on Counties, Cities and Towns |
| 2016-02-11 | House | Read first time |
| 2016-02-11 | House | Placed on Calendar |
| 2016-02-09 | Senate | Read third time and passed Senate (29-Y 8-N 2-A) |
| 2016-02-08 | Senate | Passed by for the day |
| 2016-02-05 | Senate | Engrossed by Senate - floor substitute SB549S2 |
| 2016-02-05 | Senate | Substitute by Senator Obenshain agreed to 16105216D-S2 |
| 2016-02-05 | Senate | Reading of substitute waived |
| 2016-02-05 | Senate | Committee substitute rejected 16105117D-S1 |
| 2016-02-05 | Senate | Reading of substitute waived |
| 2016-02-05 | Senate | Read second time |
| 2016-02-05 | Senate | Floor substitute printed 16105216D-S2 (Obenshain) |
| 2016-02-04 | Senate | Constitutional reading dispensed (40-Y 0-N) |
| 2016-02-02 | Senate | Reported from Local Government with substitute (10-Y 2-N 1-A) |
| 2016-02-02 | Senate | Committee substitute printed 16105117D-S1 |
| 2016-01-13 | Senate | Referred to Committee on Local Government |
| 2016-01-13 | Senate | Prefiled and ordered printed; offered 01/13/16 16103808D |
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 15 | 2 | 2303.4 | (n/a) | See Bill Text |
| 15 | 2 | 2303.5 | (n/a) | See Bill Text |
