Tuesday, June 5, 2012

[Peninsula-Patriots] Fw: Fwd: Sustainable Development Bills

If you are a constitutional conservative this should concern you. Are we becoming a one party government? If we as supporters of the constitution don't stand against the so call "sustainable development", we as a country will go down in flames.

DeWitt Edwards 
"The time is near at hand which must determine whether Americans are to be free men or slaves." ~ George Washington"

----- Forwarded Message -----
From: Sue Sadler <forwardsadler@cox.net>
Sent: Monday, June 4, 2012 7:26 PM
Subject: Fwd: Sustainable Development Bills

Interesting info that was forwarded.......

Subject: Sustainable Development Bills 

 It is nothing short of amazing to see the number of bills regarding sustainable development and land use restrictions that were passed by a Republican General Assembly.  Even more amazing is the number of bills that were passed unanimously, or near unanimously.  I am sure Thomas Jefferson and James Madison would be sooooo proud of the Republican legislators who couldn't spell "p-r-o-p-e-r-t-y r-i-g-h-t-s" if their lives depended on it, or who have sold out to whaco-environmentalists, corporate interests, and regulated monopolies.
Can the Republicans be an alternative to the Democrats?  Not as long as they are so comfortable in the role of Me-too Democrats!

2011 Sustainable Development Bills:
HJ 605 Cosgrove- National Offshore Wind Technology Center.  Passed House 96-0 Passed Senate 39-0
HB1725 & SB1105- Virginia Farmland Preservation Fund; created. Establishes a fund to use taxpayer money to purchase development rights, fund conservation easement, and provide education of preservation of farmland to the landowner.  Passed House 97-0 Passed Senate 40-0
SB 862 Wagner- Commonwealth Energy Policy; local renewable energy facility siting ordinances. 
Passed House 95-0 Passed Senate 38-2
SB 964 Northam-  Coastal resource management; Marine Resources Commission, et al., to develop integrated guidance.  Grants power to an unelected body to govern and regulate human activity on Virginia's shoreline. The commission has the power to set fees for costly permits for use of shoreline for human activitiesPassed House 96-0 Passed Senate 38-0
SB 1064 Edwards- Erosion & sediment control plans; may charge fee to cover costs associated with certain review, etc.  Grants power to an unelected body to set the standards and require an erosion and sediment control plan to be submitted for review before land disturbance can occur for any reason and charge fees of least $1,000 or more as they determine necessary for the review and approval, project inspections, and compliance. Passed House 96-0 Passed Senate 40-0
SB 1104 Hanger- Open-space land; expands definition to include agricultural and forestal production.  Allows local governments to use taxpayer funds to purchase and hold easements for agricultural and forestal production as long as they are in production and not less than 5 years. Local governments that purchase open space easements are eligible for federal grants and other assistance from the federal government on the backs of the taxpayer. Passed House 96-0 Passed Senate 39-0
SB 1112 Miller, Y.B.- Metropolitan Planning Organizations; specifies role in transportation decision-making process.  Establishes an unelected regional authority paid for by taxpayers to be the decision makers and drafters for policies relating to transportation. Passed House 95-0 Passed Senate 40-0
2012 Sustainable Development Bills:
HB 166 - Cosgrove - Zoning administrator; narrows instances in which administrator may modify certain orders. Passed 97-1(Cole) Passed Senate 36-2(Deeds, Favola)
HB 176 - Knight SB 77 - Watkins/- Nutrient credit certification; regulations, Nutrient Trading Act is established.  (cap and trade) Passed House 98-0 Passed Senate 40-0
HB 430 - Bulova - Inter-local service delivery; expands scope of Regional Cooperation Incentive Fund to foster inter-local service delivery consolidation or coordination where such consolidation or coordination will result in the more efficient use of local funds.  Passed House 97-3(Moorefield, Morris, Rush) Passed Senate 37-1(Stanley) 1 not voting(Vogel)
HB 491 - Dance - Derelict and blighted buildings; authorizes locality to serve as receiver to repair. 
Passed House 94-0 Passed Senate 38-0
HB 732 - Dudenhefer - Transfer of development rights; ordinance may permit a sending property to be used for parks, etc.  Passed House 98-0 Passed Senate 38-0.  This is a small addition to the "Transfer of Development Rights (TDR) System" that was established in '07.  TDR's are a MITIGATION (cap-and-trade system) Program for land "development rights", wherein land owners who lose development rights via comp. plans, are given "credits" and can sell the credits to developers interested in high-density urban development areas.  The importance of this is that, while zoning decisions can be changed fairly easily, once development rights are converted into "credits" on this phony market, they ARE PERMANENT for all intents and purposes.

HB 894 - Ware, R.L. - Electric and natural gas utilities; energy efficiency programs.  Adds community engagement programs aka smart metering to existing code.  Passed House 98-1(LeMunyon) Passed Senate 40-0

HB 932 - Lingamfelter - Voluntary Nutrient Management Plan Program; DCR to develop training and certification program.  assisting landowners and operators in the management of land application of fertilizers, municipal sewage sludges, animal manures, and other nutrient sources for agronomic benefits and for the protection of the Commonwealth's ground and surface waters and (ii) assisting owners and operators of agricultural land and turf to achieve economic benefits from the effective management and application of nutrients.  Passed House 100-0 Passed Senate 40-0

HB 1102 - Miller - Renewable energy portfolio standard program; credits for investments. Passed House 89-12 Passed Senate 28-12(Black, Carrico, Ebbin, Favola, Garrett, Howell, Marsden, McEachin, Miller, Obenshain, Smith)
HB 1166 - McClellan - Renewable energy portfolio standard program; reporting requirements to State Corporation Commission.  Amends existing code that needs to be repealed.  Passed House 97-0 Passed Senate 37-3(Black, Carrico, Garrett)

HB 1167JonesSB 160 - Petersen/- High Performance Buildings Act; created.  Passed House 100-0 Passed Senate  39-0

HB 1218 - Morefield - Stream mitigation banks; established.  Passed House 98-1(D.W. Marshall) Passed Senate 40-0.  Regionalized control of water based on federal wetland regulations. ... a cap-and-trade style Bank Mitigation market.
HJ 50 - Stolle - Flooding; Institute of Marine Science to study strategies to prevent in Tidewater localities.  WHEREAS, relative sea-level rise has been identified as a threat to coastal Virginia, and relative sea level measured at Sewells Point, Norfolk, has risen by 14.5 inches since 1930  Passed House 95-2(Cline, Gilbert) Passed Senate 40-0
SB 413 - Norment - Renewable energy portfolio standard program; credits for investments.  Passed Senate 26-14(Black, Carrico, Ebbin, Favola, Locke, Lucas, Marsden, Marsh, McEachin, Miller, Obenshain, Puckett, Stanley, Vogel) Passed House 79-19(BaCote, Brink, Bulova, Carr, Englin, Filler-Corn, Gilbert, Hope, Keam, Kory, Lopez, McClellan, McQuinn, Morrissey, Scott, Sickles, Surovell, Torian, Ward)
SB 485 - McWaters - Alternative Fuel Vehicle Conversion Fund; established.  Passed senate 35-4(Black, Martin, Obenshain, Smith)  Passed House 100-0
SB 493 - Watkins - Electric and natural gas utilities; energy efficiency programs.  Amends existing code that needs to be repealed.  Passed Senate 39-0 Passed House 91-0
SB 560 - Stuart - Sanitary districts; authorizes board of supervisors to construct and maintain dams within district.  Gives the Board the authority to not only cut your water and sewer off-but to also take a lien against your property for non-payment or non-compliance. Passed Senate 40-0 Passed House 97-0
SB 594 - Favola - Towns; allowed to acquire land, not by condemnation, within their boundaries or 3 miles outside.  Passed Senate 40-0 Passed House 97-0
Continued to 2013
HB 129 - Kilgore - Electric utilities; purchases from net metering sellers.
HB 614 - LeMunyon - Comprehensive plan; controls future land use decisions of governing body. If this bill passes planners can just rezone your land with their sweeping plans and render it useless. (this was not continued but is a priority for the Speaker so we may see again)
HB 787 - Lopez - Retail Sales and Use Tax; exemption on renewable energy equipment
HB 799 - Scott, E.T. - Wetlands and streams; water protection permits, conditions for contribution to Board-approved fund.
HB 883 - Sickles - Income tax, state; credit for solar energy equipment systems.
HB 908 - Minchew - Land preservation tax credit; application for credits prior to any donation.
HB 1170 - Kory - Income tax, state and corporate; credit for service renewable energy property.
SB 410 - Hanger - Wetlands and streams; water protection permits, conditions for contribution to Board-approved fund.
SB 582 - Edwards - Net energy metering; SCC shall approve utility's proposed standby charge methodology
SB 621 - Petersen - State-owned buildings; DGS to establish program requiring energy efficiency data.
Support Bills that Passed
HB 869 - Rust - Urban development areas; makes designation optional rather than mandatory for all localities.
HB 1137 - Marshall, D.W. - Historic districts; any locality that establishes or expands district shall identify all landmarks.
HB 1177 - Watson - Virginia Energy Plan; adds to list of State's energy objectives.  (i) ensuring an adequate energy supply and a Virginia-based energy production capacity; and (ii) minimizing the Commonwealth's long-term exposure to volatility and increases in world energy prices through greater energy independence.
Support Bills that failed
HB 27 - Marshall, R.G. - Residential energy efficiency standards; exempts certain homes from federal cap & trade legislation.
HB 67 - Marshall, R.G. - Nonnavigable state waters; regulation exclusively by Commonwealth.
HB 913 - Minchew - Solid waste management plan, regional or local; making such plans optional.
HB 1071 - Hugo - Alternative onsite sewage system; owner exempt from requirements for operation and maintenance.
HJ 129 - Minchew - TMDL; Attorney General to explore challenge to constitutionality of regulations by USEPA.
General Conclusions
·         Volume.  There is just too much legislation being proposed.  The culture of Legislators appears to be to legislate.  Doing nothing or voting NO is often preferable, but seems contrary to their perceived mandate.  We need to change that perception. 
·         Comfort of Conformity.  Unanimous votes are not necessarily good legislating and provide cover, as no single legislator can be singled out for scrutiny since they all voted identically.  It shows a lack of conviction and core principles.  This is how Big Government gets Bigger. 
·         I'm from the Government and I'm here to help.  There still exists the mindset that government can provide 'solutions' to every perceived problem, which leads to lots of bad legislation and if pressed by a lobbying group, legislators are often pushed towards solutions that pick winners and losers.  What the people expect of government is for it to provide core functions and nothing more. 
What We Can do in the Future
  • Contact your representative before the next general assembly session and let them know you oppose the legislation that has been continued to 2013.
  • Take note of the actual code that is being amended in most of the bills that passed this year and initiate legislation to repeal the statute.
  • Contact sponsors of the good legislation that did not pass this year and encourage them to reintroduce next session.

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