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Kaine Takes Action on General Assembly Legislation

Last week Governor Timothy M. Kaine announced additional action on legislation adopted by the 2007 General Assembly. The governor completed action last night on the 958 bills passed by the 2007 Assembly.

Legislators are scheduled to consider the governor’s vetoes and proposed amendments during a one-day Reconvened Session on Wednesday, April 4, 2007.

Amendments

Electric Reregulation: Kaine amended House Bill 3068 (Hogan)/ Senate Bill 1416 (Norment), which change how Virginia’s electric utilities are regulated, to strengthen consumer protection and expand the opportunities for conservation and more environmentally-friendly sources of electricity.  The Governor’s actions also preserve important improvements that will help Virginia’s utilities provide the electricity needed to keep Virginia’s economy strong.

The amendments provide:

·         the State Corporation Commission with more authority to consider keeping Virginia’s electricity costs competitive with other southeastern states when setting rates

·         for doubling the conservation and efficiency goal for Virginia’s electric utilities

·         continued green-power tariffs for Virginia’s consumers and strengthened provisions for renewable energy use

·         more incentives for clean electricity generation;

·         faster refunds to utility customers; and

·         additional flexibility for industrial and commercial consumers to use competitive electricity providers.

“My primary goals in amending this bill were to ensure that appropriate consumer protection measures were in place to keep Virginians’ electric rates among the lowest in the country, and to ensure that electric companies have incentives to conserve energy, produce cleaner energy, and take other steps to protect the environment,” Kaine said.

Eminent Domain: Kaine proposed amendments to House Bill 2954 (Bell)/ Senate Bill 781 (Cuccinelli)/ Senate Bill 1296 (Norment), which restate that property may only be condemned to promote public interests, and clearly define what constitutes a public interest.  The bills are a reaction to the 2005 U.S. Supreme Court decision in Kelo v. New London, in which the court ruled that each state was responsible for setting its own rules for eminent domain. The governor’s amendments improve local redevelopment authorities’ ability to act to rebuild and revitalize blighted areas.

CSO: Kaine amended Senate Bill 1301 (Newman) to provide more certainty in the annual funding process for combined sewage overflow (CSO) projects in Richmond and Lynchburg. As passed, the legislation would have diverted funds designated for nonpoint source pollution controls, which would result in a significant reduction in availability of state money for the agricultural community.

The governor’s amendments create a reserve within the Water Quality Improvement Fund and establish the uses for that reserve.  In years when the General Assembly does not appropriate funds to address CSO, up to $5 million of the reserve fund will be made available for the purpose of addressing CSO. 

At the request of Delegate Shannon Valentine, the governor also included over $3 million for each of the two CSO projects in his budget for the coming year.  The General Assembly approved this recommendation.

“I applaud Senator Newman and Delegate Valentine for the effort they made on behalf of Richmond’s and Lynchburg’s CSO projects,” said Kaine.

Budget Bill:  All but one of the Governor’s proposed amendments to the budget bill, House Bill 1650 (Callahan), are technical or clarifying in nature.  Four amendments clarify the various positions eligible for the FY 2008 pay increases authorized by the General Assembly.  Other amendments provide flexibility in reporting dates, regulatory restrictions or administrative matters to aid in the implementation of actions previously authorized by the General Assembly.

The Governor’s only amendment dealing with funding is a spending amendment of $472,069 to cover the fiscal impact of HB 2749 (Hurt) and SB 1071 (McDougle), sponsored by the Attorney General, which expand the reporting requirements of persons required to register with the Sex Offender Registry, as well as expand sentences for child pornography offenses. The bills were passed by the 2007 General Assembly but were not adequately funded in the budget bill. 

Signed Legislation

Share the Ride: Kaine signed House Bill 2302 (Cole), which gives local school boards permission—at their option—to rent or loan school buses to private schools to transport students.  The bill gives local school divisions more flexibility to maximize the use of their resources and to charge appropriate fees.  It is not mandatory.

“If local public schools and private schools are able to find solutions that benefit both, there’s no reason for the state to stand in the way,” said Kaine.

Fort Monroe: The governor signed House Bill 3180 (Gear)/ Senate Bill 1392 (Williams) which create the Fort Monroe Federal Area Development Authority (FMFADA) and authorize it to formulate a reuse plan for Fort Monroe. The Board of the FMFADA will consist of 18 members, including five members of the Governor’s Cabinet, four legislators, seven citizens from the City of Hampton, and experts in the fields of historic preservation and heritage tourism.  

“Fort Monroe is a national treasure that must be preserved, protected, and easily accessible to the public,” Kaine said.  “This legislation provides a framework for the Commonwealth, the City of Hampton, and the FMFADA to continue working together in full partnership, and to ensure that Fort Monroe becomes a vibrant, sustainable asset for years to come.”

Vetoes

The governor also announced that he has vetoed three bills:

Adjustment or Relocation of Billboard Signs:  Governor Kaine vetoed House Bill 2128, which would allow relocations of billboards, without regard to the local zoning ordinance, when a billboard is displaced by highway construction. 

“This legislation would take away local governments’ regulatory power over billboards and give billboards a preferred status among other types of property,” the governor said.  “I am reluctant to strip communities of the power to fairly regulate billboards as they regulate other properties.”

Elimination of SCC Approval for Telephone Company Transfers: The Governor vetoed House Bill 1755, which would eliminate the requirement that the State Corporation Commission approve the acquisition or disposal of the assets or control of a telephone company. 

“Such a change would represent a significant deviation from established practice and remove an important layer of oversight that the SCC has long exercised to protect Virginia customers,” said Kaine.  “Access to telephone service continues to be vital for residents across the Commonwealth, and it is imperative that we act reasonably to ensure that this access is not diminished.

“During the legislative session, an amendment was offered to reduce from 60 days to 30 days the window during which the SCC must review all requests for acquisition or disposition.  This very reasonable recommendation was rejected, and, therefore, I decline to offer such a change and instead veto this measure.”

Fee Exemption for Building Inspection of Religious Schools: Kaine vetoed House Bill 2048, which would exempt certain schools from the fee assessed for building inspections solely because they are operated under the auspices of a religious institution.

“There is no reason to single out any specific subset of schools and exempt them from paying this fee,” the governor said.  “It is constitutionally questionable to offer preferential financial treatment to schools simply because they are religious.”

 

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