February 29, 2008

SPECIAL LEGISLATIVE ALERT UPDATE
“Proffer Bill” Deferred to 2009 General Assembly Session

2/29/2008 UPDATE:  The House of Delegates Rules Committee voted yesterday to continue (defer) Senate Bill 768 to the 2009 session of the Virginia General Assembly.  This action comes after the bill narrowly passed the Virginia Senate over the objections of the Virginia Association of Counties, affordable housing advocates and many Northern Virginia jurisdictions, including Fairfax County.  The Fairfax County Board of Supervisors Legislative Committee, with seven Board members present, voted to oppose the bill on January 18, 2008; the Board subsequently reaffirmed its opposition to the bill on several occasions.

Had the bill passed in its final amended form, the Board’s ability to negotiate proffered contributions of cash and units for affordable housing – and a wide range of other public benefits – through the rezoning process would have been very significantly limited.  The original version of the bill would have entirely eliminated such contributions and replaced them with a system of impact fees.  The General Assembly heard from a lot of concerned citizens, as well, as from the Board, and agreed to revisit the issue in 2009.