Over the last year, the HBA of Virginia’s Legislative Committee and government affairs team has crafted a robust legislative agenda for the 2023 General Assembly Session. With 13 days remaining in the Session, the vast majority of the HBA of Virginia’s 2023 Legislative Agenda continues to move through the process.

The following bills have passed their original chamber and will now be considered by the other chamber, along with any budget amendments needed to implement the legislation:

Extension of Local Land Use Approvals – HB 1665 (Marshall) / SB 1205 (Lewis)

Extends the validity of plans, permits, and other local land-use approvals to July 1, 2025, provided that such approvals were valid as of July 1, 2020. Currently, those plans, permits, and approvals are set to expire July 1, 2023. These bills continue the statewide extensions enacted by the legislature in 2020 and 2022.

In-Lieu Fee Mitigation for Wetland/Stream Impacts – HB 1628 (Coyner) *Also includes budget amendment*

Legislation and budget amendment to implement the state’s “In-Lieu Fee” program, known as the Wetland and Stream Replacement Fund. The Fund, which was established in 2013 but never implemented, allows developers to mitigate wetland/stream impacts by providing funds to the Department of Environmental Quality (DEQ). HB 1628 ensures operational efficiency of the Fund while the budget amendment provides funding to the DEQ to assist in obtaining approval from the U.S. Army Corps of Engineers to operate the Fund.

HB 1628 has passed the House of Delegates and the funding was included in the House budget.

Historic Rehabilitation Tax Credit – SB 1066 (Surovell)

Increases maximum amount of the historic rehabilitation tax credit that may be claimed by a taxpayer in any taxable year from $5M to $10M. Also allows taxpayer to claim up to an additional $10M for projects in an enterprise zone.

SB 1066 has passed the Senate and was included in the Senate budget.

Local Land-Use & Housing Policy Clearinghouse – HB 2494 (Ware) *Also includes budget amendment*

Requires localities to submit annual reports to the Department of Housing and Community Development summarizing any new or amended local ordinances or policies affecting residential land development and construction, including zoning and subdivision ordinances, comprehensive plans, fees, and more. The legislation also establishes a statewide clearinghouse of local housing policies to inform policymakers and stakeholders about the evolving local regulatory landscape.

HB 2494 has passed the House of Delegates and funding was included in the House budget.

Universal License Recognition – HB 2180 (Morefield) / SB 1213 (McDougle)

Allows regulatory boards within the Department of Professional and Occupational Regulation (DPOR) to recognize licenses and certificates issued by another state and establishes a uniform process for transferring licenses and certificates into the state, with the goal to simplifying and expediting the transfers process for contractors and other applications and speed up the license transfer process for applicants and regulators.

Residential Land Development and Permit Fee Transparency – HB 1671 (Wyatt)

Establishes requirement for localities to submit annual reports to the Department of Housing and Community Development detailing the total amount of fees collected per-project to process, review, and issue permits for all residential land development and construction activities.

HB 1671 has passed the House of Delegates and will now be considered by the Senate.

“Residential-Ready” Sites & Structures Inventory – SB 1114 (Stanley) *Also includes budget amendment*

Establishes the Virginia Residential Sites and Structures Locator to assist localities in marketing potential development sites (land or existing structures) to builders and developers.

SB 1114 has passed the Senate and funding was included in the Senate budget.

Public Notices for Land-Use Applications and Ordinances – HB 1473 (B. Fowler)

Improves efficiency of the development review process by removing requirement for localities to include a “descriptive summary” of land-use proposals in public hearing notices published in newspapers.

The HBA of Virginia worked to incorporate the language of this bill into two other bills which have both passed their original chambers: HB 2161 – Wren Williams / SB 1151 – Edwards