By Ashley McLeod
Capital News Service
RICHMOND, Va. â The General Assembly has upheld Gov. Bob McDonnellâs veto of legislation preventing community associations from prohibiting the installation of solar panels on homes.
The Senate could not muster the votes to override the veto of Senate Bill 627, which had been sponsored by Sen. Chap Petersen, D-Fairfax.
Petersen expressed disappointment that his âsolar freedomâ bill will not become law. He said the bill would have allowed all Virginians who live in homeowners associations to lower their electricity bills and qualify for federal tax credits by installing solar panels on their houses.
Some community associations traditionally have prohibited or restricted solar panels for aesthetic and property-value reasons. In 2008, the General Assembly passed a bill proposed by Sen. Frank Wagner, R-Virginia Beach, to address that situation.
Wagnerâs measure said that after July 1, 2008, community associations could not impose rules to âprohibit an owner from installing or using a solar energy collection device on that ownerâs property. However, a community association may establish reasonable restrictions concerning the size, place, and manner of placement of such solar energy collection devices.â
Because of a grandfather clause, that law did not affect solar-panel prohibitions that had been in place before July 1, 2008. Thatâs why Petersen introduced SB 627 this legislative session.
âNinety-nine percent of the homeowner associationsâ covenants were unaffected by the law in 2008 because the restrictions already existed,â Petersen said. âMy bill struck out the grandfather clause and said this will be the state law across the board and prohibitions on solar panels are not enforceable in Virginia.â
During the General Assemblyâs regular session, the Senate passed SB 627 on a 31-8 vote, and the House approved it 74-24.
But on April 9, McDonnell vetoed the bill.
The governor said the 2008 law provided community associations with more than enough opportunities to change previous covenants regarding solar panels. SB 627 was an attempt to retroactively enforce that law, McDonnell said. He said it would have violated both Virginia and United States laws.
âSenate Bill 627 appears to contradict the general legislative rule that statutory enactments are applied prospectively,â McDonnell said. âIn addition to the problem of retroactive application, the legislation potentially violates both the United States Constitution (Article I, Section 10) and the Virginia Constitution (Article I, Section 11) by âimpairing the obligation of contracts.â â
Overturning a veto requires a two-thirds majority vote in both the House and the Senate. That means getting 27 senators to vote in favor of overriding the vote.
Last Wednesday, the Senate voted 21-18 in favor of overturning McDonnellâs veto â and so the vote failed.
Solar installation has become increasingly popular around the country, creating new jobs and a new way to power homes and businesses, Petersen noted.
âThere are a lot of new technologies out there in residential improvement industry which we need to encourage. Solar installation is certainly one of them,â he said. âThe businesses that install solar panels are small businesses, and I want to make sure that they can sell their products and not go up against a lot of red tape and legal prohibitions.â
In an interview, Petersen said he probably will reintroduce the legislation in the future.
WINSTON-SALEM, N.C.- On a chilly night in North Carolina, the Winston-Salem Dash used a great start from Andre Rienzo to beat Potomac 4-1. The Nationals left the bases loaded in the ninth with a chance to tie or take lead.
With the temperature in the mid 40s, the Dash got the scoring started off Potomac starter RHP Matt Swynenberg in the first. Michael Early and Carlos Sanchez led off the game by both reaching on errors. Trayce Thompson knocked in Early on a sac fly down the right field line to open the scoring of the contest. Bradley Shoemaker smacked a single that scored Sanchez to extend the Dash lead to 2-0. Both runs were unearned.
The P-Nats opened their scoring off Winston-Salem pitcher Andre Rienzo in the second. Michael Taylor walked to start the inning and Kevin Keyes knocked him in on a fielder choice to cut the Dash advantage to 2-1.
Plans moving ahead for I-95 tolls
WTOPNEWS.COM reports There could be some idea by the end of May where new toll facilities will be placed on Interstate 95 in Virginia, as well as an estimate on how much they might cost.
Corey Stewart buys 1740 estate in Woodbridge
WASHINGTONPOST.COM reports It seems Prince William Countyâs Corey Stewart is having a pretty good month. Last week, the Republican Board of Supervisors chairman announced his campaign for lieutenant governor. And on Wednesday, he and his wife, Maria, bought what is believed to be Prince Williamâs oldest home during a live auction -- a Woodbridge estate where Thomas Jefferson once stayed and George Washington once honeymooned.
Stafford fire chief takes job in Fresno
FREDERICKSBURG.COM reports Stafford County's first chief over career and volunteer fire and rescue services is leaving next month.
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OCCOQUAN, Va. — Tickets are now available online for the 6th Annual Duck Splash Race in the Town of Occoquan.
Watch thousands of rubber ducks drop from a bridge and race along the Occoquan River on Saturday, June 16, at 12:30 p.m. “Adopt” a duck for $5 and win one of ten cash prizes ranging from $20 to $500. Net proceeds benefit the 501(c)(3) Prince William Trails and Streams Coalition, an organization dedicated to building a ne
QUANTICO, Va. — For the first time, female Marine Corps Officers will be allowed to train at Quanticoâs combat infantry school.
The Marine Corps Times broke the news Friday. The move is a change for the Corps, which up until now has urged women to train for more positions that provide a supporting role for those on the front line, including aircraft maintenance and administration.
By Lance Cpl. Shandra Dyess
Quantico Sentry
QUANTICO, Va. — Fifteen volunteers helped out during the Amazing Devil Dog Challenge at Barber Physical Activity Center on base Friday.
The volunteers arrived at the gym at approximately 5 a.m. to help with setting up the event and registering teams. Christi Lee, fitness trainer and event coordinator for the gym, briefed the volunteers on everything theyâd be doing that morning. Some of the Marines helped set up a table in one of the rooms and registered teams as they entered, while others headed out to their posts around the base.
âThe volunteers are a tremendous help,â said Lee. âWithout them, we couldnât do all of this. Our staff is just too small.â
There were 26 teams, all of which started out in front of the gym. The teams would run to seven different places to answer a trivia question. If the teams couldnât answer completely and correctly, theyâd have to perform a penalty before heading to the next stop.
WOODBRIDGE, Va. — The Potomac Nationals return to Woodbridge tonight after a two-in-a-row wash out.
Rainy weather over the weekend forced the postponement of two games, on Saturday and Sunday, between the Salem Red Sox. Both games ill be made up later this season, stated Potomac Nationals spokesman Tim Swartz.
Fans can exchange tickets for any other game except for the July 4th contest, he added. The Salem Red Sox will be back at Pfitzner Stadium in Woodbridge for a three-game series Friday through Sunday June 8 – 10.
The Potomac Nationals are back on the field at 7 p.m. to face the Winston-Salem Dash. After tonightâs game, theyâll be back on Friday for a 10-game homestand against the Myrtle Beach Pelicans.
WOODBRIDGE, Va. — At the top of a hill on U.S. 1 in Woodbridge, just past several car dealerships sits an open field and a closed fast food restaurant.
Now boarded up, the Burger King that once served customers along this busy highway has been closed for years. Unlike its counterpart at Tackettâs Mill in Lake Ridge, it shows no sign of coming back.
So, as we continue our series about redeveloping brown spots in the Potomac Communities, we want to know from you âwhat should go here?â
Please comment below and tell us.
By Amir Vera
Capital News Service
RICHMOND, Va. â When Tiffany Glass Ferreiraâs son Charlie was 3, she offered him a treat that nearly killed him.
âI gave him cashews. He took one bite and started to have a severe reaction, where he was crying, grabbing his tongue â his face started to swell,â Ferreira said. âHe looked like a Klingon, like a science-fiction character.â
Charlie, now 5, ultimately recovered. To save other children from potentially fatal reactions to food allergies, Virginia last week adopted a law requiring schools to carry epinephrine auto-injectors, such as EpiPens.
These devices deliver a single dose of epinephrine, or adrenaline, into the thigh of someone suffering a life-threatening allergic reaction.
After talking with other mothers in support groups, Ferreira, who supports the EpiPen legislation, said she realized she canât stop Charlie from having another reaction, but she can be prepared for it.
âI said, âHow can I prevent this from happening again?â Another mom said to me, âYou canât. Itâs going to happen again. You canât think if they have a reaction. You have to think when,â â Ferreira said.
The âwhenâ factor is exactly what Sen. Donald McEachin, D-Richmond, had in mind when he introduced Senate Bill 656. SB 656 will require schools to carry epinephrine auto-injectors in case a child has a severe allergic reaction.
âThe EpiPen bill does two things. For those jurisdictions that already had ⊠the EpiPens in the schools, it allows them to have enough flexibility to continue handling the EpiPen issue the way theyâve been handling it,â McEachin said.
âFor everybody else, it writes a protocol as to the need to have the EpiPen in the school, who can administer it and who can write prescriptions for it, because at the end of the day, itâs a medicine and it has to be prescribed.â
The bill also requires school nurses and other employees to be trained before injecting students with EpiPens.
During its regular session, the General Assembly overwhelmingly passed SB 656 and an identical House bill, HB 1107, sponsored by Delegate Thomas âTagâ Greason, R-Lansdowne.
Gov. Bob McDonnell recommended that the legislation be amended to make it clear that school boards must implement the EpiPen law by the start of the 2012-13 school year. On Wednesday, the House and Senate unanimously approved McDonnellâs recommendations. The governor plans to sign the law this Thursday.
John Rokenbrod, a spokesman for the Amelia County public school system west of Richmond, said current laws require students to bring their own medications, such as EpiPens, to school.
âIn the past, you had to have specific permission for that student. You had to have a prescription and permission to administer the medication,â Rokenbrod said.
The new legislation is intended to ensure that children without an EpiPen are not out of luck when they have an allergic reaction. Also, school officials will be trained to recognize signs of a severe reaction and to administer epinephrine.
McEachinâs bill was introduced shortly after 7-year-old Ammaria Johnson, a first-grader at Hopkins Elementary School in Chesterfield County, died in January from an allergic reaction to peanuts.
Ammariaâs death prompted groups such as the Food Allergy & Anaphylaxis Network in Fairfax to call for laws allowing schools to stock EpiPens for use in emergencies.
âAbsolutely, this one was inspired by the death of that little girl,â McEachin said.
McEachin said he hopes the law will help avoid tragedies like Ammariaâs death.
âMaybe some little girl or some little boy wonât die from an allergy when thatâs absolutely preventable,â McEachin said.
By Charles Couch
Capital News Service
RICHMOND, Va. â The General Assembly last week upheld all six of Gov. Bob McDonnellâs vetoed bills, including one that would have increased fines on Virginia residents with out-of-state license plates.
The assembly reconvened for a one-day session to consider the governorâs vetoes and recommendations regarding legislation passed during the 2012 regular session.
Overriding a veto requires a two-thirds majority in both the House and the Senate. Legislatorsâ votes Wednesday fell short of that threshold. As a result, lawmakers sustained all of McDonnellâs vetoes.
The House debated two vetoes in particular: HB 423, requiring the stateâs Common Interest Community Board to develop model âdeclarations,â or regulations, for homeowners associations; and HB 878, increasing the fines on Virginia drivers with out-of-state license plates.
Homeowners Associationâs Rules
Delegate David Bulova, D-Fairfax Station, had sponsored HB 423. He said the legislation was needed because homeowners associations have a significant bearing on Virginiansâ day-to-day lives.
âI donât know that you could move anywhere in my district without being a member of a homeowners association and being subject to the declarations and instruments that come with that HOA membership,â Bulova said.
âTheyâre quasi-governmental units, and they wield enormous amounts of power.â That power can range from regulating paint colors and home additions to imposing fines and liens on residents.
When you buy a house in a neighborhood regulated by a homeowners association, you must join the group and adhere to its declarations, Bulova said. âDeclarations are usually put in place long before a homeowner ever moves into a development. When you purchase a new home, the declaration is a take-it-or-leave-it proposition.â
Bulova said his bill would not dictate rules for homeowners associations.
âIt does not create mandatory regulations,â he said. âBut it does require the Common Interest Community Board to establish a best practice and a model declaration that can be used as a gold standard.â
In vetoing HB 423, McDonnell said state law already outlines the minimum components for homeowners associationsâ declarations. âWhile perhaps well intentioned, this bill increases the Common Interest Community Boardâs workload without any discernible benefit,â the governor said.
Delegate David Albo, R-Springfield, said he supported the governorâs veto.
âItâs just impossible to come up with model policies when every single homeowners association is different,â Albo said. âSo, again itâs a good idea, but itâs unworkable.â
After the debate, the House voted 36-59 against overriding McDonnellâs veto.
Out-of-State License Plates
Delegates later debated the veto of HB 878, proposed by Delegate Mark Sickles, D-Franconia. It targeted Virginians who try to avoid the state law requiring them to obtain Virginia license plates. For instance, many Virginians register their vehicles in Maryland, which doesnât have a property tax on cars, Sickles said.
The fine for failing to register a vehicle in Virginia is $100, he noted. âIt has been $100 since 1988, and itâs not much of an incentive. It is the cost of doing business.â
Sicklesâ bill would have increased the fine to $250.
Delegate Benjamin Cline, R-Amherst, urged House members to uphold McDonnellâs veto of HB 878. He said the penalty contained in the bill wasnât a fine but a tax.
âMake no bones about it â this is a tax,â Cline said. âThis is a tax on individuals who do not register their cars in Virginia but who live in Virginia.â Cline said no law in Virginia prevents residents from having out-of-state license plates.
Sickles said that was incorrect. âThis is not a new law,â he said. HB 878 simply increases a fine on âtax cheatersâ that has not been adjusted since 1988, he said.
The House voted to override McDonnellâs veto, 64-31. But the override motion failed in the Senate. (The Senate vote was 21-16 in favor of overriding the veto. The motion needed 27 votes to pass.)
Voter Identification Recommendations
Besides sustaining the vetoes, the General Assembly reviewed McDonnellâs proposed amendments to more than 100 pieces of legislation.
For example, the governor recommended 10 changes to HB 9 and SB 1, which would require Virginians to show an approved form of identification to cast an official ballot on Election Day. (Currently, people without ID can vote if they sign an affidavit swearing they are registered. Under the legislation, such people would cast a provisional ballot, which would be counted only if they present proper ID by the day after the election.)
McDonnell proposed relaxing parts of the legislation. For instance, he recommended that officials compare the signature on a voterâs provisional ballot with the signature on file with the State Board of Elections. This would negate the need for provisional voters to present an ID to election officials after the election.
Delegate Joseph Morrissey, D-Highland Springs, questioned the feasible of signature comparison. He said that handwriting comparison requires expertise and that signatures change as people age.
âHandwriting identification analysis is a specific discipline that is taught and requires years of training before one can be deemed a handwriting expert,â Morrissey said.
McDonnell also recommended that provisional voters have three days after an election, instead of just one, to submit proper identification so that their ballots would be counted.
Delegate Gregory Habeeb, R-Salem, said he was concerned about the ramifications this extension could have on special elections.
âFor those of us who are elected the day before the session began, this three-day window would delay seating a member of this body,â Habeeb said. âI think that creates a situation where voters arenât represented where they need to do.â
Ultimately, all 10 of the governorâs recommendations to the voter-ID bills failed â half in the House, the others in the Senate. McDonnell now must decide whether to sign the legislation into law or to veto it outright.
Democrats, who have criticized the legislation as an unconstitutional attempt to suppress the votes of minority and elderly Virginians, called on McDonnell to reject the bills.
âFrankly, I can tell that the governor tried to fix the bill and make it better, but actually it does not,â said Delegate Charniele Herring, D-Alexandria. âHis amendments donât make it better, and the only appropriate action on this bill is to veto it.â