Del. Dave LaRock

Law-Enforcement Officers Procedural GuaranteeAct. Makes several changes to the process and procedures affordedto law-enforcement officers under the Law-Enforcement Officers ProceduralGuarantee Act, clarifying several existing rights and setting forthspecific procedures for the questioning of officers and the conductof a disciplinary hearing.

Zoning; development approvals. Providesfor the transition of certain existing development approvals whena subject property shifts from one jurisdiction to another due toannexation, boundary adjustment, or other cause. The bill containsa grandfather clause for certain existing provisions.

Commonwealth Transportation Board; revenue-sharingfunds. Increases the maximum matching allocation that the CommonwealthTransportation Board may make to a locality from $5 million to $10million and increases the portion of such funds that such localitymay use for the maintenance of highway systems from $2.5 millionto $5 million.

Commending Mission BBQ.

Local government; codification of ordinances;affirmative defense. Provides that any person who is the subjectof an action brought by a locality for violation of an ordinancethat is not codified is entitled to assert as an affirmative defensethat the ordinance was not codified and therefore failed to provideadequate notice to the public of the contents of the ordinance. Thebill also allows localities to codify all ordinances in an onlineformat so as to be easily accessed by other governmental entitiesand the public.

Architectural and engineering contracts; certain localities. Exempts any locality with a population in excessof 400,000 from the limitations on architectural and professionalengineering contract single-project fees for work regarding highwaysand bridges. Current law exempts the Commissioner of Highways fromsuch limitations.

Dulles Greenway. Amends the powers and responsibilitiesof the State Corporation Commission (SCC) to regulate toll road operators underthe Virginia Highway Corporation Act of 1988. The measure adds requirementsthat toll rates not materially discourage the public's use of the toll road,that the cost of operating the toll road be reasonably apportioned across alltoll road users based on the relative distance each class of user travels onthe toll road such that the toll rates are established in a reasonable andnondiscriminatory manner in relation to the benefit obtained, and that tollrates shall provide the operator with no more than a reasonable return. Inaddition, the measure (i) requires the SCC, by October 1, 2020, to initiate aninvestigation into the tolls charged by all operators subject to the Act and toissue a ruling by April 1, 2021, on its investigation as to whether the currenttolls charged by the operator comply with such new requirements; (ii) prohibitsthe SCC from using during any future complaint proceeding the fact that anyincremental return resulting from increased traffic related to a relativechange in potential toll users that is greater than zero on a cumulative basisas the sole basis for finding that the operator's return exceeds a reasonablelevel as specified in such new requirements; (iii) requires the SCC, in itsinitial investigation, to develop a baseline from which it can measure therelative change in potential toll users and directs how the incremental returnshall be computed; (iv) prohibits an operator from seeking a toll increase thatattempts to raise its return above the reasonable level; (v) requires the fulldisclosure, in public financial reports to the SCC, of the details of anyrelated party transactions; and (vi) establishes a presumption that any relatedparty transactions shall be presumed to be imprudent and excluded from costsused for any purpose, including but not limited to costs of lobbyists,excessive compensation, and entertainment expenses, unless the operatorprovides information showing that at least three separate competitive bidsdemonstrate that the operator could not have achieved better contract termsfrom a third party.

Virginia Highway Corporation Act of 1988; terminationof certificate of authority. Requires the operator of the DullesGreenway to certify to the State Corporation Commission the date on which all original debt for the project was or will be retired. Themeasure requires the Commission, after determining such date, toenter an order terminating the operator's authority pursuant to itscertificate of authority. The measure provides that the authorityshall terminate 10 years from the date on which all of the originalpermanent financing will be completely retired.

Local regulation of parking; certain vehicles.Decreases from 12,000 to 10,000 pounds the minimum gross vehicle weight rating for which certain localities may regulate or prohibitthe parking of a vehicle on a public highway in a residence district.The bill adds Frederick County to the list of localities that thatare permitted to regulate or prohibit the parking on any public highwayof watercraft, boat trailers, motor homes, and camping trailers andto regulate or prohibit the parking of commercial vehicles on any public highway in a residence district.

Commending Mission BBQ.