Virginia HB 697: Stormwater management service districts; rate of taxation.

Bill Text

2022SESSION
INTRODUCED
22102937D
1 HOUSEBILLNO.697
2 OfferedJanuary12,2022
3 PrefiledJanuary11,2022
4 A BILL to amend and reenact § 15.2-2403 of the Code of Virginia, relating to stormwater management
5 service districts; rate of taxation.
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Patron––Keam
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8 ReferredtoCommitteeonCounties,CitiesandTowns
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10 Be it enacted by the General Assembly of Virginia:
11 1. That §15.2-2403 of the Code of Virginia is amended and reenacted as follows:
12 §15.2-2403. Powers of service districts.
13 After adoption of an ordinance or ordinances or the entry of an order creating a service district, the
14 governing body or bodies shall have the following powers with respect to the service districts:
15 1. To construct, maintain, and operate such facilities and equipment as may be necessary or desirable
16 to provide additional, more complete, or more timely governmental services within a service district,
17 including but not limited to general government facilities; water supply, dams, sewerage, garbage
18 removal and disposal, heat, light, fire-fighting equipment and power and gas systems and sidewalks;
19 economic development services; promotion of business and retail development services; beautification
20 and landscaping; beach and shoreline management and restoration; dredging of creeks and rivers to
21 maintain existing uses; control of infestations of insects that may carry a disease that is dangerous to
22 humans, gypsy moths, cankerworms or other pests identified by the Commissioner of the Department of
23 Agriculture and Consumer Services in accordance with the Virginia Pest Law (§ 3.2-700 et seq.); public
24 parking; extra security, street cleaning, snow removal and refuse collection services; sponsorship and
25 promotion of recreational and cultural activities; upon petition of over 50 percent of the property owners
26 who own not less than 50 percent of the property to be served, construction, maintenance, and general
27 upkeep of streets and roads; construction, maintenance, and general upkeep of streets and roads through
28 creation of urban transportation service districts pursuant to § 15.2-2403.1; and other services, events, or
29 activities that will enhance the public use and enjoyment of and the public safety, public convenience,
30 and public well-being within a service district. Such services, events, or activities shall not be
31 undertaken for the sole or dominant benefit of any particular individual, business or other private entity.
32 Any transportation service, system, facility, roadway, or roadway appurtenance established under this
33 subdivision that will be operated or maintained by the Virginia Department of Transportation shall be
34 established with the involvement of the governing body of the locality and meet the appropriate
35 requirements of the Department.
36 2. Notwithstanding the provisions of § 33.2-326, to provide, in addition to services authorized by
37 subdivision 1, transportation and transportation services within a service district, regardless of whether
38 the facilities subject to the services are or will be operated or maintained by the Virginia Department of
39 Transportation, including, but not limited to: public transportation systems serving the district;
40 transportation management services; road construction, including any new roads or improvements to
41 existing roads; rehabilitation and replacement of existing transportation facilities or systems; and sound
42 walls or sound barriers. However, any transportation service, system, facility, roadway, or roadway
43 appurtenance established under this subdivision that will be operated or maintained by the Virginia
44 Department of Transportation shall be established with the involvement of the governing body of the
45 locality and meet the appropriate requirements of the Department. The proceeds from any annual tax or
46 portion thereof collected for road construction pursuant to subdivision 6 may be accumulated and set
47 aside for such reasonable period of time as is necessary to finance such construction; however, the
48 governing body or bodies shall make available an annual disclosure statement, which shall contain the
49 amount of any such proceeds accumulated and set aside to finance such road construction.
50 3. To acquire in accordance with § 15.2-1800, any such facilities and equipment and rights, title,
51 interest or easements therefor in and to real estate in such district and maintain and operate the same as
52 may be necessary and desirable to provide the governmental services authorized by subdivisions 1 and
53 2.
54 4. To contract with any person, municipality or state agency to provide the governmental services
55 authorized by subdivisions 1 and 2 and to construct, establish, maintain, and operate any such facilities
56 and equipment as may be necessary and desirable in connection therewith.
57 5. To require owners or tenants of any property in the district to conn