02/03/2017 Senate Proceedings

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Index

SB1418—00:05:19
SB1128—00:00:23
SB1210—00:04:48
SB806—00:01:03
SB805—00:00:40
SB806—00:00:10
SB805—00:00:40
SB806—00:00:33
SB805—00:00:40
SB806—00:00:41
SB805—00:00:40
SB806—00:00:13
SB805—00:00:40
SB806—00:00:20
SB805—00:00:40
SB806—00:00:53
SB959—00:01:17
SB991—00:01:03
SB1013—00:01:01
SB1110—00:05:31
SB1123—00:01:16
SB1198—00:00:51
SB1226—00:01:24
SB1264—00:06:27
SB1265—00:01:12
SB1282—00:16:26
SB1341—00:01:09
SB1360—00:01:29
SB1393—00:01:54
SB1394—00:01:01
SB1428—00:04:50
SB1431—00:01:31
SB1456—00:09:46
SB1470—00:02:46
SB1542—00:01:57
SB1586—00:01:19
SB1021—00:01:59
SB1530—00:00:43
SB821—00:00:23
SB846—00:00:13
SB1149—00:00:36
SB1239—00:00:20
SB1243—00:01:04
SB1253—00:00:48
SB1262—00:00:46
SB1373—00:00:38
SB1391—00:00:50
SB1416—00:01:44
SB1569—00:00:48
SB1571—00:00:33
SB1581—00:00:20
SB1585—00:00:25
SJ223—00:27:00
SJ231—00:00:25
SJ290—00:00:31
SJ295—00:00:40
SJ331—00:00:33
Sen. Tommy Norment (R-Williamsburg)—00:44
Sen. Siobhan Dunnavant (R-Henrico)—00:05
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Ryan McDougle (R-Mechanicsville)—00:06
Sen. Siobhan Dunnavant (R-Henrico)—00:05
Sen. Frank Ruff (R-Clarksville)—00:05
Sen. Ben Chafin (R-Lebanon)—00:06
Sen. Chap Petersen (D-Fairfax)—00:03
Sen. Ben Chafin (R-Lebanon)—00:35
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Ben Chafin (R-Lebanon)—00:05
Sen. Chap Petersen (D-Fairfax)—00:05
Sen. Jennifer Wexton (D-Leesburg)—00:00
Sen. Dick Black (R-Leesburg)—00:00
Sen. Bill Stanley (R-Moneta)—00:06
Sen. Roz Dance (D-Petersburg)—00:13
Sen. Louise Lucas (D-Portsmouth)—00:05
Sen. Bill Stanley (R-Moneta)—00:11
Sen. Chap Petersen (D-Fairfax)—00:05
Sen. Jeremy McPike (D-Dale City)—00:05
Sen. Dick Black (R-Leesburg)—00:03
Sen. Adam Ebbin (D-Alexandria)—00:03
Sen. Dick Black (R-Leesburg)—00:03
Sen. Adam Ebbin (D-Alexandria)—00:00
Sen. Dick Black (R-Leesburg)—00:07
Sen. Adam Ebbin (D-Alexandria)—00:07
Sen. Ben Chafin (R-Lebanon)—00:16
Sen. Ryan McDougle (R-Mechanicsville)—00:08
Sen. Jeremy McPike (D-Dale City)—00:05
Sen. Ryan McDougle (R-Mechanicsville)—00:05
Sen. Jeremy McPike (D-Dale City)—00:10
Sen. Ryan McDougle (R-Mechanicsville)—00:07
Sen. Jeremy McPike (D-Dale City)—00:05
Sen. Scott Surovell (D-Mount Vernon)—00:02
Sen. Ryan McDougle (R-Mechanicsville)—00:05
Sen. Scott Surovell (D-Mount Vernon)—00:03
Sen. Ryan McDougle (R-Mechanicsville)—00:07
Sen. Chap Petersen (D-Fairfax)—00:10
Sen. Scott Surovell (D-Mount Vernon)—00:07
Sen. Jennifer Wexton (D-Leesburg)—00:00
Sen. Bryce Reeves (R-Spotsylvania)—00:10
Sen. Frank Wagner (R-Virginia Beach)—02:10
Sen. Bill Stanley (R-Moneta)—00:05
Sen. Barbara Favola (D-Arlington)—00:05
Sen. Bill Stanley (R-Moneta)—00:08
Sen. Dave Marsden (D-Burke)—00:07
Sen. Bryce Reeves (R-Spotsylvania)—00:10
Sen. Frank Wagner (R-Virginia Beach)—00:10
Sen. John Cosgrove (R-Chesapeake)—00:00
Sen. Frank Wagner (R-Virginia Beach)—00:03
Sen. Ben Chafin (R-Lebanon)—00:07
Sen. David Suetterlein (R-Salem)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:05
Sen. Bill Stanley (R-Moneta)—00:03
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Emmett Hanger (R-Mount Solon)—00:00
Sen. Tommy Norment (R-Williamsburg)—01:21
Sen. Jill Holtzman Vogel (R-Winchester)—00:03
Sen. Janet Howell (D-Reston)—00:00
Sen. Barbara Favola (D-Arlington)—00:00
Sen. Siobhan Dunnavant (R-Henrico)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Dick Black (R-Leesburg)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:05
Sen. Steve Newman (R-Forest)—00:00
Sen. Bryce Reeves (R-Spotsylvania)—00:00
Sen. Tommy Norment (R-Williamsburg)—03:07
Sen. Adam Ebbin (D-Alexandria)—00:03
Sen. Tommy Norment (R-Williamsburg)—00:05
Sen. Adam Ebbin (D-Alexandria)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:05
Sen. Dick Black (R-Leesburg)—00:02
Sen. Bryce Reeves (R-Spotsylvania)—00:05
Sen. Tommy Norment (R-Williamsburg)—00:05
Sen. Janet Howell (D-Reston)—00:03
Sen. Jill Holtzman Vogel (R-Winchester)—00:00
Sen. Tommy Norment (R-Williamsburg)—01:45
Sen. Jill Holtzman Vogel (R-Winchester)—00:05
Sen. Steve Newman (R-Forest)—00:05
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Minutes

Called to order at 11:30 a.m. by Lt. Governor Ralph S. Northam

Prayer offered by The Reverend Kimberly Reinholz, Grace and Holy
Trinity Episcopal Church, Richmond, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Stanley dispensed with reading of Journal (35?Y
3?N 1-A)

COMMUNICATION FROM HOUSE (HN10202): reading waived (36?Y 3?N)

The House of Delegates has passed the following House bills: HB
1401, 1411, 1414, 1475, 1518, 1524, 1525, 1542, 1586, 1590, 1609, 1622, 1665,
1689, 1699, 1708, 1737, 1746, 1748, 1799, 1811, 1814, 1832, 1838, 1851, 1855,
1924, 1950, 1951, 1961, 1973, 2024, 2025, 2051, 2053, 2058, 2073, 2084, 2105,
2113, 2140, 2149, 2193, 2198, 2231, 2240, 2246, 2276, 2281, 2282, 2287, 2289,
2290, 2324, 2328, 2338, 2355, 2386, 2460, 2467

The House of Delegates has agreed to the following House joint
resolutions: HJ 549, 617

House bills and joint resolutions referred: see February 6 Senate
Calendar

Rules suspended, privileges of the floor given to distinguished
guest (39?Y 0?N)

BILLS REPORTED

From Commerce and Labor:

CALENDAR

UNCONTESTED CALENDAR

SENATE BILL ON THIRD READING

SB1418 - Read third time and passed Senate (39-Y 1-N)

REGULAR CALENDAR

SENATE BILLS ON THIRD READING

SB1128 - Passed by for day

SB1210 - Read third time and passed Senate (35-Y 4-N)

SB 806 - Read third time and passed Senate (26-Y 13-N)

SB 959 - Read third time and passed Senate (40-Y 0-N)

SB 991 - Read third time and passed Senate (40-Y 0-N)

SB1013 - Read third time and passed Senate (28-Y 11-N)

SB1110 - Read third time and passed Senate (30-Y 9-N)

SB1123 - Read third time and passed Senate (39-Y 1-N)

SB1198 - Read third time and passed Senate (30-Y 9-N)

SB1226 - Read third time and passed Senate (35-Y 5-N)

SB1264 - Read third time and passed Senate (40-Y 0-N)

SB1265 - Read third time and passed Senate (39-Y 0-N)

SB1282 - Read third time and passed Senate (21-Y 17-N 1-A),
Reconsideration of passage agreed to by Senate (38-Y 0-N 1-A), Passed Senate
(21-Y 18-N 1-A)

SB1341 - Read third time and passed Senate (40-Y 0-N)

SB1360 - Read third time and passed Senate (38-Y 2-N)

SB1393 - Read third time and passed Senate (39-Y 0-N 1-A)

SB1394 - Read third time and passed Senate (36-Y 3-N 1-A)

SB1428 - Read third time and passed Senate (23-Y 17-N)

SB1431 - Read third time and passed Senate (37-Y 2-N),
Reconsideration of passage agreed to by Senate (40-Y 0-N), Passed Senate (38-Y 2-N)

SB1456 - Read third time and passed Senate (26-Y 12-N)

SB1470 - Read third time and passed Senate (25-Y 15-N)

SB1542 - Read third time and passed Senate (32-Y 7-N),
Reconsideration of passage agreed to by Senate (40-Y 0-N), Passed Senate (28-Y
11-N)

SB1586 - Read third time and passed Senate (40-Y 0-N)

Transcript

What follows is a transcript of this day’s session that was created as closed-captioning text, written in real time during the session. We have made an effort to automatically clean up the text, but it is far from perfect.

[Unknown]
The Senate will come to order. The senators will please take their seats. Those persons not entitled to the privileges of the floor will kindly retire to the gallery. The senators and all in attendance will please rise and be led in prayer by the Reverend kimberly reinholz, grace and holy trinity episcopal church, Richmond. Reverend rine -- orion -- reinholz, welcome?
[Unknown]
Good morning. Almighty God, you proclaim truth in every age by many voices. In our time, we pray for those who govern. Allow them to speak with grace and humility, to stand as witness to justice with mercy and love. Pursue understanding when discussing, writing and proposing legislation. Embolden them with integrity so they May do their part in making Virginia a commonwealth that cares for all its people. Make their minds sound, their wills righteous and their voices kind. In all that they undertake, I ask you to bless these leaders and allow them to speak for all the people of Virginia. Allow these, your people, to work together for the common good, which is just and fair and loving. Amen.
[Unknown]
Amen.
Bill Howell
The clerk will call the roll. All those present will please vote aye. The clerk will close the roll.
[Unknown]
You have a quorum, Mr. President. Senate journal for Thursday, February 2nd, 2017.
Bill Howell
The Senator from Franklin County, Senator Stanley, moves that the reading of the journal be waived. All in favor of the motion will record their votes aye. Those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Bill Stanley
Ayes 35, nos 3, rule 36-1.
[Unknown]
Ayes 35, nos 3, rule 36-1. The reading of the journal is waived. The clerk will please report any communications from the House. The Senator from James city county, Senator Norment .
Tommy Norment
Good morning, Mr. President. I respectfully move that we waive the reading of any communications received from the House of delegates.
Bill Howell
Thank you, Senator. The question is shall the reading of the communication from the House of delegates be waved? All in favor of the motion will record their votes aye; those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Tommy Norment
Ayes 36, nos 3.
[Unknown]
Ayes 36, nos 3. The clerk will please report any communications from the governor.
[Unknown]
We do not have any, sir.
[Unknown]
Thank you, madam clerk. The Senator from James city county, Senator Norment .
Tommy Norment
Thank you very much, Mr. President. I respectfully move that the rules of the Senate be suspended and that the privileges of the floor be extended to an extraordinarily distinguished former member of this body.
Bill Howell
Thank you, Senator. The question is, shall the rules be suspended and the privileges of the floor granted to a distinguished person? All in favor of the motion will record their votes aye; those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Tommy Norment
Mr. President, I would respectfully --.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. Thank you, Senator. The Senator from Henrico, Senator Dunnavant .
Siobhan Dunnavant
Thank you, Mr. President. I would like to introduce everybody somebody who needs no introduction, my mentor and it's a particularly poignant time to have him here as we close out the Senate 's budget. I think he's probably so happy that he's not amongst us and wasn't with us here last night until 8 p.M. But I would like everybody to extend the warmest welcome to my friend and predecessor Senator walter Stosch .
[Unknown]
Thank you. We miss you and appreciate all the great work you have done for the commonwealth. It's always great to see you back visiting again. I would ask the Senator to please join me in offering Senator Stosch a warm welcome. (applause).
Siobhan Dunnavant
The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, as I was talking with my dear friend, Senator Stosch, this morning, I was unable to persuade him to adjust his wardrobe as he was an active member of this body, but I see now that he has come over to the pink side, and I wanted to congratulate him on that.
[Unknown]
Thank you, Senator. The time has come to welcome visitors to our gallery and take up other matters for the morning hour. Junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
Good morning, Mr. President. How are you today?
[Unknown]
Well. Thank you.
Bill DeSteph
Today I 'd like a moment to recognize a couple of young ladies who have traveled all the way from blacksburg. One of them just so happens to be related to my seat mate. So we have helen gray do not -- Dunnavant and kim givens all wait from Virginia tech.
[Unknown]
Thank you, Senator. Would helen and kim please rise. Thank you for making the trip from blacksburg., a grade educational opportunity out there. And thanks for coming to watch your mom. She's doing a great job in the Senate. Best of wishes to you. I'd ask the members of the Senate to please join me in offering helen and kim the warm welcome of the Senate. (applause).
[Unknown]
The Senator from Hanover, Senator McDougle .
Ryan McDougle
Thank you, Mr. President. Rise for the purposes of an introduction.
[Unknown]
The Senator has the floor.
Ryan McDougle
Mr. President, it is with much trepidation on the part of my seat mate that I give rise to introduce a couple of his family members, Mr. President. They are joining us in the gallery. I ask that if we could extend them the warm welcome and have them stand. First is chandler at the bright young age of 5, and we have aubrey at the age of 11 and collin at the age of 15. Many of you all have seen collin keeping Senator Stanley straight and the watchful eye while we've been here in session. Mr. President, we also have his lovely bride, special friend, laura. I asked if I could tell the members and those joining us in the gallery how old laura was, and he gave me the age of 19. So he has a very young family with him here today, and we're happy that they're here to keep the Senator straight for the weekend as we continue our diligent work.
[Unknown]
Thank you, Senator. Would the wife of Senator Stanley, laura Stanley, chandler, aubrey and collin please rise. Thank you all so much for being with us this morning, and I 'm so glad you're here. Laura, I 've been wanting to talk to you. (laughter).
[Unknown]
We had a little Bowling match last year in which case the Senator from Franklin County prevailed, and he called for a rematch this year, which I agreed to, but he went to the wrong Bowling alley. That was his excuse, so I would just tell you that he is a bit directionally challenged, and on a lot of days, he doesn't know whether he's going left or right. (laughter).
[Unknown]
So we welcome you here. And I would ask the members of the Senate to please join me in offering the beautiful family of Senator Stanley the warm welcome of the Senate. (applause).
[Unknown]
The senior Senator from Bath County, Senator Deeds .
Creigh Deeds
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Creigh Deeds
Joining us in the gallery today is a group of students from the university of Virginia, student council legislative affairs committee there led by second year tameez. The committee advocates for the general assembly on behalf of the 22,000 students who attend uva and encourage other students to participate in the political process. This past fall, this committee shuttled over 1,000 students to polling locations. They followed closely the bills before this body and the other body down the Hall, and they encouraged many students to engage in the political process. I'd appreciate it, Mr. President, if you'd give the warm greetings of the Senate to zikir tameez and delegation of students who came here today.
[Unknown]
Thank you. Would members of the student council please rise. It you for making the trip from Charlottesville to Mr. Jefferson's capitol. What a great educational opportunity you all have in Charlottesville. Our daughter aubrey graduated in 2013 and just had a wonderful experience there. So we hope you're enjoying your educational experience. I'd ask the members of the Senate to please join me in offering members from the uva student council the warm welcome of the Senate. (applause).
[Unknown]
The Senator from Roanoke city, Senator Edwards .
John Edwards
Mr. President, we're delighted today and I would call your attention in the gallery to the presence of the Virginia tech president, Dr. Timothy sanz, his lovely wife, Dr. Laura sanz, the athletic director babcock and brand new outstanding coach justin fuente. Mr. President, the Virginia tech hokie football team, as you know, won the coastal division championship of the acc, and went on to their 24th consecutive bowl game. That's truly extraordinary. And in a game played at the belk bowl in Charlotte, north carolina, Virginia tech hokies beat the university of arkansas 35 to 24. But if you watch the game, you might have had one or two mild heart attacks, because they were down 24 to nothing at halftime, and then they came back with the largest comeback since 1987 to win 35 to 24, an extraordinarily exciting game that I 'm sure most all of us -- I know I watched, and I assume most everybody here watched. It was a great comeback. And appropriately, the new coach, justin fuente, was named acc coach of the year. But not only have the football team been successful off the field, they're successful -- successful off the field as well as on the field, because 89% of the football team graduate, which is 15 points higher than the national rate. That's something to be proud of. So president Mr ., I hope you will give a good warm Senate welcome to the president of Virginia tech, Dr. Timothy sanz, his lovely wife, babcock, the athletic director and coach justin fuente.
[Unknown]
Thank you, Senator. Would you please rise. It you all so much for being with us this morning. Just as the Senator from Roanoke city, we're so proud of Virginia tech and what you all have done, the vision that you have done to move Virginia 's economy forward with all the innovation and research, and to you, coach, what a great year. We're all hokie fans, and we really like what you're doing is appreciate all your hard work, and please send our congratulations to your team as well. I'd ask the members of the Senate to please join us in offering our friends from Virginia tech the warm welcome of the Senate. (applause).
John Edwards
The Senator from Henrico ,
[Unknown]
Thank you, Mr. President. Senator Dunnavant. I rise for the purpose of an introduction.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you. Today I 'd like to take a moment and recognize my intern, Taylor vaughn, who has been such a tremendous help to our office officer the past several weeks, both before and after session. Taylor is a junior at randolph-macon college, majoring in women's studies and hopes to begin a career at a nonprofit organization upon graduation next year. We're so grateful for her to have been a part of our team. Thanks so much, Taylor. Please welcome her, Mr. President.
[Unknown]
I will. Thank you, Senator. Would Taylor please rise. Thanks for being with us today and thanks for all the great work that you've done. I know you've learned a lot. I hope it's been a great experience and we wish you the best with your education endeavors. I'd ask the members of the Senate to please join me in offering Taylor the warm welcome of the Senate. (applause).
[Unknown]
The Senator from Mecklenburg, Senator Ruff .
Frank Ruff
Thank you, Mr. President, I rise for an introduction.
[Unknown]
Senator has the floor.
Frank Ruff
Joining us in the gallery today are a group of students from southside Virginia community college and accompanied by their professor, steven walker who also happens to be the mayor of Charlotte courthouse. I ask you to give them a warm welcome.
[Unknown]
Would mayor steven walker and members from the southside Virginia community college please rise. You have a great group with you this morning. Thanks for being with us and what a great educational opportunity you all have. As you know, we have 23 great community colleges across Virginia and really doing very well with our workforce development. So thanks for all you do. I'd ask the members of the Senate to please join me in offering mayor steven walker and members from southside Virginia community college the warm welcome of the Senate. (applause).
[Unknown]
The senior Senator from Richmond city, Senator sturdivant.
[Unknown]
I rise for an introduction.
[Unknown]
The Senator has the floor.
[Unknown]
Joining us today in the gallery here are students from the university of Richmond law school, which I am very proud to represent here in the state Senate, and they are accompanied by professor Robinson today. I would hope we would offer them the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would members of the university of Richmond law school please rice. And we appreciate you being with us still this morning. What a great educational opportunity, you all have, and just as a side note, my brother, a little older than me, went to the university of Richmond and it has served him well in the commonwealth of Virginia. So we wish you the best, and thanks for visiting today. As you will see, there's a tremendous amount of history here in Mr. Jefferson's capitol. I'd ask the members of the Senate to please join me in offering members of the university of Richmond law school the warm welcome of the captioning provided by caption associates, llc www.Captionassociates.Com (applause). >> Is there any other business for the morning hour? Seeing none, the clerk will please call the calendar.
[Unknown]
Senate calendar for Friday, February 3rd, 2007, uncontested calendar, Senate bill on third reading. Senate bill 1418, a bill relating to electric utility regulation; pumped hydroelectricity generation and storage facilities.
[Unknown]
The Senator from Russell County, Senator Chafin .
Ben Chafin
Thank you, Mr. President. I move that the bill pass, passd speaking to the bill. Senate bill 1418 authorizes an investor owned utility to locate one or more pump storage hydro-electric facilities in the coalfield region of the commonwealth. Renewable energy will be used in all -- as a portion of its power sources. The bill does declare this to be in the public interest. As you know, the coal industry in the commonwealth of Virginia is down, has been down for a great long period of time. Inviting these types of facilities to the coalfield region is a means for southwest Virginia to rebuild the investments that are being made in southwest Virginia and to help rebuild our tax structure. A pump storage facility makes better use of intermittent power, which this general assembly has authorized and found in the public interest. In fact, we set the goal at 500 megawatts, and we're well on track to better than achieve that goal of 500 megawatts. You know, with that solar development and with the intermittent power that solar creates, Virginia will benefit from this storage facility to balance the system's grid and to act as a battery for the electricity that is brought online. I hope it be the pleasure of this body to pass the bill.
[Unknown]
Thank you, Senator. The Senator from Fairfax city. Senator peterson.
[Unknown]
Thank you, Mr. President. Jim, will you yield for a question.
[Unknown]
Will the Senator from Russell yield for a question?
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
I would say I appreciate the gentleman's explanation. Does he know approximately what the cost of a new hydrofacility would be?
[Unknown]
The Senator from Russell .
[Unknown]
I am not prepared to make a guess at what the cost of this facility would be. That will be up to the state corporation commission to determine the prue -- prudentsy, Mr. President, of the construction of this facility.
[Unknown]
Thank you, Senator. The Senator from Fairfax city.
[Unknown]
I would ask the gentleman --.
[Unknown]
Excuse me. Does the Senator yield?
[Unknown]
I yield.
[Unknown]
I would ask the gentleman was he aware the last facility that was constructed in Bath County was 1.6 billion dollars and that was in the '80s.
[Unknown]
Mr. President, I would tell the gentleman I am aware of the cost of that facility, built in 1985. I toured that facility, and the facility that we envision in the coalfield region would be substantially smaller than that
[Unknown]
Thank you, Senator. Facility.
[Unknown]
The Senator from Fairfax city.
[Unknown]
Further question.
[Unknown]
Senator yield for additional question.
[Unknown]
I yield.
[Unknown]
He yields.
[Unknown]
I would ask the gentleman would he also be aware that the generator that built the facility would also be entitled to a return on equity, which is typically in the neighborhood of 9 or 10% for whatever capital they put in.
[Unknown]
The Senator from Russell .
[Unknown]
Mr. President, I would tell the gentleman that I understand that the state corporation commission would review those matters, all those matters would be before the state corporation commission, and a determination would be made by that body in accordance with our statutory provisions.
[Unknown]
The Senator from Fairfax .
[Unknown]
Speak briefly to the measure.
[Unknown]
Senator has the floor.
[Unknown]
Ladies and gentlemen of the Senate, this is actually one of the bills that May be one of the more important bills for our constituents that we vote on this year, because it has such a cost to us. I'm not to say that there isn't necessarily a public purpose to this bill and there's a lot of fine people supporting this bill, and this gentleman has explained the need for it. But understand, these facilities are billions of dollars, and that cost is spread out over often 20 to 30 years, and each year the capital that's invested in that project is entitled to a 9 to 10% return on equity. So this is a measure that will earn hundreds of millions of dollars in profits on top of the capital investment. Now, this will be passed along to the consumers under what's called a rate adjustment clause or a rac, which means outside the base rates. So the base rates that we have, quote unquote capped, all of these will create a rider that will go outside that capped rates and passed along to the rate payers all over the commonwealth. Now, I don't know whether or not this is a good idea or bad idea, but what I do know is we're not allowed to look at the base rates to know whether or not they're reasonable, yet we're going to put forward this idea as a rider that would go along with the base rate. So again, I 'm going to vote against this bill just simply because I think the system we have right now is flawed. That's not to negate what the gentleman has said, which I 'm sure is very important, and the co-patrons that have sponsored this bill. But until we have fixed this electrical system and try to do this on the floor of the body, we're going to keep adding to our customer bills without even knowing what we're doing. Thank you.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 1418 pass. All in favor of the motion will record their votes aye; those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 1.
[Unknown]
Ayes 39, nos 1. The bill passes.
[Unknown]
Regular calendar, Senate bills on third reading, Senate bill 1128, a bill relating to the Virginia freedom of information act, failure to respond to requests for records, rebuttable presumption.
[Unknown]
The junior Senator from Virginia beach, Senator d -- DeSteph .
Bill DeSteph
Can the bill go by for the day?
[Unknown]
Without option, 1128 by for the day.
Bill DeSteph
Senate bill 1210, a bill relating to civil action for unlawful creation of image of another.
[Unknown]
The junior Senator from Loudoun, Senator Wexton .
Jennifer Wexton
Thank you, Mr. President. I move the bill pass and speaking to that measure.
[Unknown]
Senator has the floor.
Jennifer Wexton
Thank you, Mr. President.
[Unknown]
Members of the Senate, Senate bill 1210 would create a civil cause of action for the offenses of unlawful creation of another, which is basically an invasion of privacy sort of thing, thingd unlawful dissemination of images of another, which we have come to known as revenge porn. That would let 60s -- victims seek monetary damages whether or not these offenses were charged as a crime. If this language looks family -- familiar to you, it's because it is. It's exactly the same civil recommend did he we haveen -- remedy we have enacted for victims of stalking. There are 9 other states that already recognize a civil remedy for these offenses. What is the kind of conduct we're talking about? We are talking about intimate photographs. These are photographs of nude people, and the unlawful creation doesn't require that there be dissemination. It's done without the consent of the victim. An example would be, for example, a creepy guy renting a room or renting an apartment to some college co-eds in a college town and sets up a pinhole camera and films them in various states of undressed and has no intention of anybody ever finding out about this. The other situation is unlawful dissemination, where there May have been consent for creation of the image but not consent that it be spread out out into the internet or to other viewers. In committee, some had expressed a concern that this conduct was already prohibited under the intentional infliction of emotional distress cause of action. However -- and I would concede that there are instances that would be covered under that rarely. That would be, for example, when the image, intimate image, is consensually made, with the understanding it would just be two the two consenting -- between the two consenting adults but then goes to everybody's address book. The ex-boyfriend gets mad and decides to send the pictures to everybody in his address book. That would probably come in under the intentional infliction of emotional distress. But the problem is the vast majority of these cases wouldn't come in under those situations. It wouldn't address the issues where there was no consent for the taking of the image in the first place, and most of the people in these cases say, hey, it was just for me. I was hoping nobody would ever find out. And meanwhile, we have victims who have been violated by this behavior and aren't able to get compensation. They're class one misdemeanors so there is some deterrent effect there, but I guarantee you, if we start hitting these guys in their wallet, that's going to have a lot more of a deterrent effect than anything else. We talk a lot in this chamber about protecting women and about did deter bad conduct. This is a bill that lets us do both, and I would ask that the chamber please pass the measure.
[Unknown]
Mr. President.
[Unknown]
Thank you, Senator. The senior Senator from Loudoun, Senator Black .
Dick Black
Would the gentle lady answer a question?
[Unknown]
Would the junior Senator yield for a question?
Dick Black
I will.
[Unknown]
She yields, Senator .
[Unknown]
You mentioned the intentional infliction of emotional distress, and the examples that you give, typically you're talking about somebody who is doing this for his own personal satisfaction, but he's not really doing it to intentionally inflict distress at all. Isn't it true that, in fact, he's simply doing it for his personal satisfaction rather than to create and to inflict distress on the victim?
[Unknown]
The junior Senator from Loudoun .
[Unknown]
Mr. President, I would respond to the senior Senator from Loudoun to say, yes, that is exactly why most of these individuals say that they are doing what they're doing.
[Unknown]
Thank you, Mr. President.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 1210 pass? All in favor of the motion will record their votes aye; those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 35, nos 4.
[Unknown]
Ayes 35, nos 4. The bill passes.
[Unknown]
Senate bill 806, a bill relating to the interstate 73 corridor development fund and program.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you, and good morning, Mr. President. I move that Senate bill 806 pass and speaking to that measure, sir.
[Unknown]
Senator has the floor.
Bill Stanley
Thank you, Mr. President. I think members of this body have heard from me a lot about the interstate 73 projects project, the corridor that runs through the north carolina border, southside Virginia, through Roanoke valley and on to west Virginia. When we build this very important road that the federal government has identified as a high priority corridor, it will bring to my region 48,000 to 53,000 permanent jobs, and the cost that the state and federal grant money will put into will pay for itself in ten years from the revenue generated from the jobs and businesses that will come there. It will connect southside Virginia to the deep water ports in north carolina, south carolina, georgia. It will connect southside Virginia to the global marketplace, and it will provide hope to an area that once before was the economic driver of Virginia with textile, tobacco, manufacturing and coal. It is the one thing that we need in terms of infrastructure that's going to be the game changer for our future and for our children's future. Right now too often, because we have one of the highest unemployment rates, one of the highest poverty rates, Mr. President, one out of three people who live -- one out of three children who live in my area live at or below the poverty level. That means they don't even have a chance at the american dream or a chance at even achieving a college education, because our average income where the state income is 63,000, is $28,600 for a family of four. It is startling that once we had the lowest unemployment, highest graduation rates, highest rates at income per capita, and now that has changed. But I 73 will change the future and the future of those children, because right now, Mr. President, when we have our children and we grow them and they grow up, they have to leave to go find a job. What we're trying to do, and this is one of the great pieces of that puzzle, to make sure that when our children grow up that when we go visit them, we're not visiting them across the state but rather we're visiting them across the street, and so this bill basically takes the route 58 corridor fund, and when it is completed 20 years from now, used and transformed into the I 73 corridor development fund. This does not circumvent smart scale, hb 2, it does none of that. But it will help in obtaining not only federal funds but in repayment of bonds, but morn importantly, it will be the psychological shot in the arm my area needs. Thank you, Mr. President.
Bill Howell
Thank you, Senator. The question is shall Senate bill 806 pass. All in favor of the motion will opposed, no. Record their votes aye; those are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 26, nos 13.
[Unknown]
Ayes 26, nos 13. The bill passes.
[Unknown]
Senate bill 959, a bill relating to the Virginia residential landlord and tenant act, responsibility of tenant; abandoned animals; penalty.
[Unknown]
The Senator from northern Chesapeake, Senator Spruill .
Lionell Spruill
Thank you, Mr. President. Mr. President, this bill first came about when a tenant leaves an apartment or a home that's owned by someone else and they leave their animals in there, so what I did, I put the bill in to say that whoever owned the apartment or home, that they were responsible. The home builders came to me saying it should be the person who owned the animal. Anybody who owned the animal, they should know very well when they leave that apartment, that House, that's their animal, a House pet. What they did, according to the already present code, they used that and put the burden on the person who owned the animal. So I move this bill pass.
Bill Howell
Thank you, Senator : the question is, shall Senate bill 959 pass? All in favor of the motion will record their votes aye; those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Lionell Spruill
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bill passes.
[Unknown]
Senate bill 991, a bill relating to residential rentsal property.
[Unknown]
The Senator from Petersburg, Senator Dance .
Roz Dance
Thank you, Mr. President. I move the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
Roz Dance
This bill came from the Virginia association of realtors, and it's the result of the stakeholders coming together and working out language to place and statute, the common law rule that after a foreclosure the lease is terminated but continues on a month to month basis until one of the parties terminates the lease. This makes sure that the tenant, the new owner and any property manager have a a smoother transition after a foreclosure. The realtors, the poverty law center and a group of stakeholders have reached consensus on this bill, and there was no opposition presented in committee, and I move the bill pass.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 991 pass. All in favor of the motion will record their votes aye; those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bill passes.
[Unknown]
Senate bill 1013, a bill relating to host localities economic development incentive fund and host localities transportation support fund.
[Unknown]
The Senator from Portsmouth, Senator Lucas .
Louise Lucas
Thank you, Mr. President. Senate bill 1013 creates the host city's economic development incentive fund, which will be administered by the secretary of commerce and trade to support economic development, growth of existing businesses and job reaction related to the ports of Virginia and one or more host cities. It also creates the host city's transportation support fund, administered also by the secretary of transportation to support transportation projects and facilities related to the ports of Virginia in one or two more host cities. With that explanation, I move again that the bill pass.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 1013 pass. All in favor of the motion will record their votes aye; those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Louise Lucas
Ayes 28, no, sir 11.
[Unknown]
Ayes 28, nos 11. The bill passes.
[Unknown]
Senate bill 11:10. A bill relating to state corporation economies commission, approval of utility facilities.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you, again, Mr. President. I rise to speak in support and move its passage of Senate bill 1110, and speaking to that.
[Unknown]
Senator has the floor.
Bill Stanley
Ladies and gentlemen, Senate bill 1110 has garnered some concern out in Virginia and I think that concern is not well taken and mistaken. Senate bill 1110 comes from trying to clean up what was my bill in 2012. Mr. President and members of this body in, 2012, we were having a problem in our area in southside, Virginia, because we were building these mega parks industrial parks and trying to bring in corporations to come and relocate in our area, and then have them build their facility there at the park. The problem was, was that bringing electricity to that park, naturally, apco, who is our service provider, appalachian power company, would not bring that line unless we had a contract. If we had a contract, then to get that line approved, those transmission lines and the transfer stations, you had to come back up here to Richmond and go to the sec, the state corporation commission. And that would take 11 to 14 months, and by that time, I tell you, Mr. President, most of the times even considering that, those companies were going to north carolina, where the approval process was more streamlined. So in 2012, I put a bill together, and it passed unanimously out of this body and the body across the Hall, that allowed the localities, the local governments to work with aep, apco, not dominion, apco, to put these transmission lines in, what they call 138 kv lines, the only kind of lines we use down there. They're rarely used anywhere else. To bring those lines in by going and seeking approval for the placement and the construction with the local government. It was working out great. It's working out in commonwealth crossing. We're working with the locality, the locality working with apco to make sure this happens in a quick manner. It shortened it from 14 months to 5 to 6 months, allowing us to be more competitive in bringing these jobs back to southside side Virginia. The problem with it was, is when we wrote the bill, I wrote the bill, and it said transmission line. It didn't say transfer station or anything else. Well, a case that went before the supreme court said that as it should have been that words are taken for their literal meaning and you don't add to them. You don't take away from them, and because it did not have the there that only the locality language transfer station in could approve the line of transmission, but not the transfer station, causing apco to have to go back to the state corporation commission, which defeated the whole purpose of the bill. Because if they were going to have to go back to the state corporation commission or back to the 11, 14 months to get everything approved. So this bill adds transfer station in there, and it does not take away local control. In fact, it enhances local government control of this process, Mr. President, and here's why. Right now, as the law stands, when you go to the state corporation commission to get approval of these lines, the zoning is presumed and taken away. The local has no authority. The local government has absolutely no authority. This bill does assume that in that as well, but it allows the locality 100% involvement in the approval process rather than having it done by a state body known as the state corporation commission. This doesn't take away local powers. It enhances them. It speeds up the process in our area specifically. It has nothing to do with Prince William County, as I 've heard over and over from people who have contacted my office. Nothing. Let me say that one more time, Mr. President. Nothing to do with Prince William County or dominion or anything else. This is a bill for southside and southwest so that we can make local control for the transmission of -- the construction of these transmission lines at the stations, at our mega parks and industrial parks, and that's the bill, Mr. President, and for those reasons, I renew my motion that Senate bill 1110 pass.
[Unknown]
Thank you, Senator. The Senator from Fairfax city, Senator peterson.
[Unknown]
Mr. President, I rise to speak in support of the bill. I think the gentleman has stated it exactly correctly. This is a unique situation with 138-kilo volt lines unique to the apco service latter. I do remember the 2012 legislation. I think in this case the bill makes sense. So I hope we support it.
Bill Howell
Thank you, Senator. The question is shall Senate bill 1110 pass. All in favor of the motion will record their votes aye; those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 30, nos 10.
[Unknown]
Ayes 30, nos 10. The bill passes.
[Unknown]
Senate bill 1123, a bill relating to the manufactured home lot rental act, notice of uncorrected violations.
[Unknown]
Senator from Prince William County, Senator McPike .
Jeremy McPike
Mr. President, I move the bill pass, and speaking to that motion.
[Unknown]
The Senator has the motion.
Jeremy McPike
Senate bill 1123 provides a framework to allow notice to be provided for those living in our mobile home or manufactured home parks in Virginia. I had a situation in my district, which actually in about 30 days, folks will be evicted, 50 families losing their homes, because they weren't aware that the underlying sanitary lines that fed their trailers were being damaged year after year. This provides a framework of a local inspection. Those tenants, those people who have mortgages on their units will be notified that there is an underlying issue that helps to serve their unit. This is important. I hope to prevent -- I can't help the current residents, but I hope to prevent others to make sure they're notified so they can take corrective actions and ask that the bill pass.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 1123 pass. All in favor of the motion will record their votes aye; those opposed, no.? Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 1.
[Unknown]
Ayes 39, nos 1. The bill passes.
[Unknown]
Returning to Senate bill 1110, as several people have pointed out to me, I wrote down 9 but I said 10. So my apologies. And he's not paying any attention. Senate bill 1198, a bill relating to operations of emergency vehicles; emergency vehicle operator's control.
[Unknown]
The junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
Mr. President, I move the bill pass. Speaking to the bill.
[Unknown]
The Senator has the floor.
Bill DeSteph
What this bill does is it provides for anyone driving a firetruck or an ambulance the requirement to go through the evoc course for equivalent training. The other thing it allows, it allows to counties, cities, towns, because they've gone through the course, it allows for lower insurance or lower -- a lower portion on their risk management accounts. So they don't have to set aside so much. With that, Mr. President, I move the bill pass.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 1198 pass? All in favor of the motion will record their votes aye; those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 30, nos 9.
[Unknown]
Ayes 30, nos 9. The bill passes.
[Unknown]
Senate bill 1226, a bill relating to the Virginia freedom of information act; public procurement act; provide priority records and trade secrets; solar energy agreements.
[Unknown]
The Senator from Roanoke city, Senator Edwards .
John Edwards
Mr. President, I move that Senate bill 1226 pass, and by way of explanation, Mr. President.
[Unknown]
Senator has the floor.
John Edwards
This bill would enable localities to enter into solar services agreements with third parties and allow the agreement to maintain as confidential and under the freedom of information act certain propriety information. There is a process to do this. It has to be as authorized in the existing freedom of information act, finance terms of the agreement would also have to be disclosed, however. It would not allow that to me maintained as confidential. So with that explanation, Mr. President, and stating that I think this would enable a lot of localities to do what they would like to do, enter into solar services agreements, I move again that the bill pass.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 1226 pass. All in favor of the motion will record their votes aye; those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 35, nos 5.
[Unknown]
Ayes 35, nos 5. The bill passes.
[Unknown]
Senate bill 1264, a bill relating to the Virginia telephone privacy protection act; telephone solicitation calls.
[Unknown]
The senior Senator from Loudoun County, Senator Black .
Dick Black
Thank you, Mr. President. Moving passage and speaking to that motion.
[Unknown]
Senator has the floor.
Dick Black
Ladies and gentlemen, Senate bill 1264 simply updates the Virginia telephone privacy protection act. Over time, what has happened is sellers who had previously been complying with the privacy act had begun to use a third party agent who bypass the do-not-call list and provisions of that sort, and they make calls without identifying themselves and so forth, and that has become a problem. So what it does is essentially it uses the agency, the principal and agency to hold liable the seller for acts by these employees who are calling often from off shore, and we do have provisions that say that so long as the off shore organization follows the guidance of the seller that there will not be a problem. So anyway, with that, I urge that you pass the bill. Thank you.
[Unknown]
Thank you, Senator. The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Would the senior Senator from Loudoun yield for a question?
[Unknown]
Would the senior Senator yield for a question?
Adam Ebbin
Thank you. He yields, Senator. I do commend him for bringing the bill, as I hate these horrible causes as much as the next person but had a practical it applies to Virginia question. Residents. I was wondering, don't many Virginia residents have area codes that are associated on their cell phones with areas that are originated outside of Virginia ? In other words, could I have a non-Virginia area code on my cell phone?
[Unknown]
The senior Senator from Loudoun County .
[Unknown]
I'd respond by saying that these incoming calls typically have no identifying information whatsoever. I have some hard lines that you'll typically get an it will say susan b., and you identification. Answer. There's no identification whatsoever of it. That really is the source of the problem. Previously, where you had the caller identified, then you had somebody that you could go after, and so you have this process of skirting going on where you have sellers of products who are saying, okay, I can bypass what Virginia is trying to do. I'll hire some company that just simply blows off the law and there's no comeback. So that's what we're trying to get at.
[Unknown]
Would the gentleman yield for another question?
[Unknown]
The Senator yield an additional question.
[Unknown]
I yield Senator .
[Unknown]
I thank him for describing the bill. I understand it better, but don't many virginians -- because the bill applies to persons who live in Virginia. If they move from elsewhere, might they have an area code from illinois or north carolina or somewhere else living in Virginia, and how would the -- on a practical basis, how would we enforce that or how would the person who is calling these call senators or whoever know who -- in our state, they shouldn't be calling who they should.
[Unknown]
The senior Senator .
[Unknown]
I respond by saying that what this does is it says if you do not have that information, that you're not limited to simply going after the individual who calls, whether they're calling from within Virginia, from another state or from outside of the country. What it does is it applies principles of agencies, and it says you can go after the seller. So if you have an individual who is selling new roofs and they have a company and they hire the company and this company hounds everybody under creation and says, we can sell you a great roof. Sipe up, -- sign up. And people are on the do-not-call list, and they said, don't call us. You're not limited any longer to going after the person who calls, but the company itself that's selling the roofs. So you have the ability there and it's under the principle of agency.
[Unknown]
Thank you, Senator .
[Unknown]
Speak very briefly to the floor.
[Unknown]
Senator has the floor.
[Unknown]
Again, I want to thank the gentleman for bringing the bill and describing it. I'm going to vote for the bill by I 'm going to suggest it might need tinkering at the other end of the Hall, because it says the person who is called has to be a Virginia resident. I'm just pointing out it's hard to know in this day of cell phones, when you're calling a number, whether you're in Virginia or not, because you call any u.S. Area code or an overseas code and reach a resident of Virginia if they have moved after they obtained that cell phone number. So I just hope you'll look carefully at that. And with that, I 'm fine. Thank you.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 1264 pass? All in favor of the motion will record their votes aye; those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bill passes.
[Unknown]
Senate bill 1265, a bill relating to department of general services; maintenance of property records; notification when lease or other agreement to terminate; report.
[Unknown]
The Senator from Russell County, Senator Chafin .
Ben Chafin
Thank you, Mr. President. I move the bill pass.
[Unknown]
Senator has the floor.
Ben Chafin
Speaking to the bill. I believe that each of the members of the general assembly should be given notice when a state agency moves out of an officer within the district or moves to another office or changes addresses or locations. That's all this bill does. It provides notice to us on a quarterly basis of state agency offices that move around or that move from one district to the other, and it gives us 90 days advanced notice of any change in -- any intention to change for that state agency.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 1265 pass. All in favor of the motion will record their votes aye; those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The bill passes.
[Unknown]
Senate bill 1282, a bill relating to wireless communications infrastructure.
[Unknown]
The Senator from Hanover, Senator McDougle .
Ryan McDougle
Mr. President, I move that the bill pass, and speaking to the motion.
[Unknown]
Senator has the floor.
Ryan McDougle
Mr. President, members of the body this, bill has to do with where we have access to wireless service in Virginia. Now, I 'll tell you a story that I think many of y'all might have experienced yourself. On Saturday morning last week, my little girl, reagan, decided she wanted to go with us on errands. So we all popped into the car to drive down the interstate to go do those. When we popped in the car, the car had g.P.S. I had my cell phone, which is a smartphone. My wife had her cell phone, which is a smartphone, and my little girl wanted to have her netflix streaming as we went down the road. Well, Mr. President, when we started with technology on cell phone and infrastructure, we didn't need that much ability to have information. There was nobody streaming movies as you were driving down the road. There was no navigation and g.P.S. That was going on continuously, and Mr. President, that need for wireless data has created a challenge and a problem. Our infrastructure for data is now needing to -- it's going to increase six fold in five years. So from 2015 to 2020, in just five years, the data traveling through that infrastructure is going to increase six times. That's just absolutely remarkable. But Mr. President, I think Virginia needs to continue to -- virginians and Virginia needs to continue to be at the forefront of making sure that our constituents, our family members in the urban areas and in the rural areas continue to have access to that data and that information, because as we know, it's vital to success in business and communication with our families, and we want to have the ability to make available new technology, new speeds that will be coming through the next generation of 5 g. Mr. President, in order to insure that all of that information and access can be made throughout the commonwealth, we need to beef up our infrastructure, and with this bill, we've created a statewide approach to making sure that infrastructure can be in place. I'll tell you, Mr. President, this bill has been worked on for the last year and a half. There are some changes yet to be made, some negotiations that are currently going on that I think will make Virginia the leader and make sure that my little girl can access her netflix as she goes down the road, because I will tell you, my life is substantially better because she can do that as we're driving from place to place, and I am confident I am not the only parent who has a child that needs to insure that they are happy as we're moving down through the roads of the commonwealth. With that, Mr. President, I renew my motion that the bill pass.
[Unknown]
Thank you, Senator. The Senator from Prince William County, Senator McPike .
Jeremy McPike
Mr. President, will the gentleman from Hanover yield for a question.
[Unknown]
Would the Senator from Hanover yield?
Jeremy McPike
I yield.
[Unknown]
He yields, Senator .
[Unknown]
First, I 'd say to the gentleman, my three daughters also have a high demand and need of streaming of netflix. At first when I saw this, I was very interested in 5 g and the new technologies, especially the repeater sites. And so the question to the gentleman would be, does this bill prohibit and ban localities from entering in leases on their own existing structures that they paid taxes on in the
[Unknown]
The Senator from Hanover. Right-of-way.
[Unknown]
Mr. President, and I will tell the gentleman that as we move through the process, there are still some elements to be negotiated, but I will tell the gentleman that as the bill is working through the process now, a locality cannot -- if there's an existing structure, and it's in place and it's used for all the communication services, then those small cell devices, their terms, ones that are one foot to approximately three foot in diameter, can be placed on top of those. Mr. President, I also tell the gentleman that there is a permitting process, but what it does not allow that a fee can be charged for, but I will tell the gentleman what it does not allow a locality to do is treat this telecommunication dissimilarly than it treats other utilities, like water and sewer and power.
[Unknown]
The Senator from Prince William, Senator McPike. Would the gentleman yield to additional questions?
Jeremy McPike
I yield.
[Unknown]
He yields, Senator .
Jeremy McPike
Would the Senator agree that as our girls are traveling down the roads and streaming netflix and watching their favorite shows or movies, that there's also a need for public infrastructure, public safety infrastructure? Is it true that this bill also prohibits colocation of our public safety infrastructure on these same similar sites.
[Unknown]
The Senator from Hanover .
[Unknown]
I would answer the gentleman that I do not believe the language in the bill prohibits that, but it doesn't require or allow localities to block this type of infrastructure unless they co-locate devices.
[Unknown]
The Senator prosecute Prince William County .
[Unknown]
Mr. President speaking against the mesh gliewr the Senator has the floor.
[Unknown]
I appreciate the gentleman from Hanover 's efforts. As I indicated, I was excited about seeing a bill on 5 g andment efforts. And the efforts. As I was excited and started to read the bill, my excitement quickly waned, for a number of reasons. One which being that this takes away localities from decisions on actual leases of essentially property rights as a public paying entity as our taxpayers and local governors had paid to build out this infrom -- infrastructure and those who had v-d.O.T. Right-of-ways. It does, in fact, as currently written prohibit the request of colocation of public safety infrastructure when we're building out these networks. These are important partnerships we're building when we do these networks. This should be a part of this. It's currently not. We are providing a huge giveaway currently in this current construct. Point 2 on this, it also requires access to public parks that are not in the right right-of-way. So now wee expanded from right-of-ways to other places. No. 3, it essentially provides no framework of franchise. We have franchise agreements and local governments which have agreements in partnership with our utility providers. I'll bring up several important facets. In education and health, we struggle with the fact of how we increase data access to lower income kids. We're now requiring our school and classrooms to be online. We're requiring additional education to be done there, yet we have not solved how we get access, yet there's nothing in this bill that addresses one of our longest struggling public policy issues as we increase access. Yet this does nothing to that effect. The third point, the fiscal impact statement would cost the city of Lynchburg $100,000, 250,000. It goes on and on, and why? Why is this? No. 1, it's a loss of fees. Okay? This has a limit on the number of fees generated. No. 2, a lot of localities already have existing off-site leases that generate hundreds of thousands of dollars. So what occurs when this legislation goes into place? All those private lease entered in with the local government and cell providers is gone. What does that mean? It's going to raise your taxes in your local government. All of your taxpayers are going to be -- your taxpayers are going to have to pay more because of this legislation. There are a lot of hidden things in here. It's a good framework. I think there needs to be a larger statewide framework, but as currently written, this bill has a significant impact, and the public giveaway on this is tremendous without a public benefit received back. I've got a real problem with that when we're trading these sort of trade-offs in this discussion and therefore, Mr. President, I ask that the body vote against this measure.
[Unknown]
Thank you, Senator. The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Thank you, Mr. President. Will the gentleman from Hanover yield for a question?
[Unknown]
Would the Senator from Hanover yield for a question?
Scott Surovell
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Two really quick questions, and I read the text, but I couldn't quite get an answer. One was, there's a big move in the region of northern Virginia that I represent to underground utilities to try to improve the way it looks and fields, also in areas where they have a lot more transit usage, we're trying to get all of our utilities underground. I know there was a concern expressed to me early on allow utilitñ?Ñ?Y provt and start placing lots of repeater towers or little polls or whatever back above ground after he we had already spent a lot of money burying everything. I was just curious if the gentleman could describe to me what this legislation might enable or not unable or proabt with regard to -- proceed with regard -- prohibit to the underground utilities.
[Unknown]
The vast majority deals with small cell technology, what it's referred to. And these are in essence, reater type -- repeater top boxes to make sure that between the towers data can move smoothly and at a faster rate and in a higher volume. Those are traditionally placed on existing structures, which could be an existing telephone pole, but it could be a building or some other type of structure, and there's devices that are placed there traditionally, very small, one to three foot in size. So Mr. President, I don't think that there's anything in the language of the bill as is currently before you that if some line is underground, it would require it to then be reestablished on a pole.
[Unknown]
Mr. President, I would ask answer -- and I don't know that this is specifically this gentleman's question, but in reference to co-locating items, the way the language currently is, there's nothing that prohibits the working or accepting working with a locality for the co-locating of devices.
[Unknown]
Senator from eastern Fairfax County .
[Unknown]
Will the gentleman yield for an additional question.
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
And I appreciate the gentleman gentleman's answer. I just ask as this process goes on that the gentleman strive to insure that the legislation not allow telecommunications providers to place poles with repeater boxes on them where we've already undergrounded utilities by right, because that I think was the concern. The second question I had was, I think the gentleman is aware, one of my passions has been trying to expand the use of more broad band in the state, especially in our underserved areas, our rural areas. As we get more computers in our schools, access to data and information at home is a big problem, and whenever we pass legislation like this, I always see it as an opportunity to try to encourage utility providers to expand broad ban in our rural areas. Back in the 1940's with electricity and before that with telephones and when things weren't highly regulated, the government forced these providers to extend service to rural areas, but we haven't done lately. So I was curious if there were any provisions in this bill that would force sort of more service to the last mile, to our more rural, isolated areas in the states that everybody can enjoy the same broad ban access that we have in more densely populated parts of Virginia .
[Unknown]
Senator from Hanover .
[Unknown]
Mr. President, I would tell the gentleman I think the way that the language currently is, it does address his concerns. The focus of the legislation is more on the placing the small cell devices on existing structures. The language in the bill that deals with new structures really is about time frames for when those applications have to be reviewed. I don't think we do a lot to change what that process is or that determination is, but it's just time frames of when that has to be reviewed. And I would tell the gentleman, even though the bill does not have any specific provision requiring companies to take data access to individual places of the commonwealth, what this does do is overall change the structure of how we're doing the system and makes it more cost effective for that information to go out farther. So I 'll tell the gentleman, in many of the areas that I represent, we don't have access to 4 g technology, which we do here at the capitol and in many of the metropolitan areas of the commonwealth. Even if you're in some of those areas, you might have a difficulty getting access to it, as the volume increases on a given day or number of users on it. So I do think this is going to allow that type of access to get out to the rural areas faster, to help my constituents, and certainly as reagan travels with me to the northern neck, and Mr. President, you used to represent over on the middle peninsula, access for her to get those netflix shows a little fart -- faster than she was able to now, and she doesn't have to wait for the bufferrerring, which really annoys her.
[Unknown]
The Senator from Fairfax city, Senator peterson.
[Unknown]
Thank you, Mr. President. Mr. President, ladies and gentlemen of the Senate, just very quickly. Before I came here, I served on Fairfax city council, and one of the things we did was we would groarkt -- negotiate franchise agreements with the cable company and allow them to use our right-of-way, but in response, we would get a benefit for our citizens. We installed a tv station at the Fairfax high school, had programs to make the cable available to residents. We would negotiate and get something back in return. The problem is I look at this bill and I don't see what we're negotiating. We're going to tell your for-profit industry we're going to allow you to supersede zoning regulations, but what do we get back in return? There has been a comparison made to water, power and sewer, about you -- this is a for-profit business. We're not requiring anything from them other than to make available to the world. Their beautiful product well, they get paid to do that. So I think this bill needs a lot of work, and the only way it's going to get a lot of work is if we put some red likes on it, so I hope some people will oppose this bill.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 1282 pass. All in favor of the motion will record their votes aye; those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll. Ayes 21, nos 17, rule 3 of-1.
[Unknown]
Ayes 21, nos 17, rule 36-1. The bill passes.
[Unknown]
Senate bill 1341, a bill relating to the digital certification of government records.
[Unknown]
The Senator from ear Fairfax County, Senator Surovell .
Scott Surovell
Thank you, Mr. President. I move the bill pass, and speaking to the bill.
[Unknown]
The Senator has the floor.
Scott Surovell
This is a simple little bill. It basically just -- a lot of -- the federal government and other state governments around the country are starting to provide digital certification of public records. Right now in Virginia you can only certify a public record with wet pen and ink signature. This allows a process for digital certification. It's a pretty simple little bill, Mr. President. I would hope the body would pass
[Unknown]
Thank you, Senator. It. The junior Senator from Loudoun, Senator Wexton .
Jennifer Wexton
Mr. President, having voted on the prevailing side by which we passed Senate bill 1282, I would ask that we reconsider that vote.
[Unknown]
Senator, I 'll come back to you. Let me just get through this bill first.
Jennifer Wexton
Thank you. Sorry.
Bill Howell
The question is, shall Senate bill 1341 pass? All in favor of the motion will record their votes aye; those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bill passes. The junior Senator from Loudoun, Senator Wexton .
Jennifer Wexton
At this time, Mr. President, I would ask, having voted on the prevailing side by which we passed sb 1282, I would ask we reconsider that vote.
Bill Howell
Thank you, Senator. The question is, shall the vote by which Senate bill 1282 passed be reconsidered. All in favor of the motion will record their votes aye; those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Jennifer Wexton
Ayes 38, nos 0. Rule 36-1.
[Unknown]
Ayes 38, nos 0. Rule 36-1. The motion is agreed to. The Senator from Hanover .
[Unknown]
Mr. President, having previously been explained and for all our children, I move the bill pass.
Bill Howell
Thank you, Senator. (laughter). The question is, shall Senate bill 1282 pass. All in favor of the motion will record their votes aye; those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 21, nos 18. Rule 36-1.
[Unknown]
Ayes 21, no, sir 18, rule 36-1. The bill passes.
[Unknown]
Senate bill 1360, a bill relating to the department of military affairs; civil actions.
[Unknown]
The Senator from Spotsylvania, Senator Reeves .
Bryce Reeves
Thank you, Mr. President. I move the passage of the bill and speaking briefly to it.
[Unknown]
The Senator has the floor.
Bryce Reeves
Members of the chamber, this is a bill that came at the request of the department of military affairs, and currently under Virginia law, the department of military using about three millions dollars after year through general funds appropriation act for members of the Virginia national guard. Some of those members of our national guard don't pass their classes, they fail out of school. They've taken this money in good faith to do good things, but they haven't fulfilled their contractual agreements. And so the department of military affairs is asking that we allow them the opportunity to try to recover some of those so we can give them to other soldiers. Currently the officer of the attorney general handles anything above about $2,999, but the department of veteran affairs is asking they be allowed the authority that they be allowed to represent themselves in small claims court to try to recover some of these monies to get them back to the people who really need them. That's the bill.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 1360 pass? All in favor of the motion will record their votes aye; those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 38, nos 2.
[Unknown]
Ayes 38, nos 2. The bill passes.
[Unknown]
Senate bill 1393, a bill relating to electric utility regulations; pilot programs for community solar development.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Thank you, Mr. President. I ask that the bill pass and speaking to the measure.
[Unknown]
The Senator has the floor.
Frank Wagner
Mr. President, ladies and gentlemen of the Senate, what Senate bill 1393 does is establish for the first time a series of community solar pilot programs. These are smaller scale solar projects that involves both of our investor-owned utilities, dominion and appalachian power. Each have some requirements. These projects can be no more than two megawatts each. The minimum that allegheny would be required to provide is up to four megawatts. In other words, two of these, with a maximum of 10 or five of these community solar projects. Dominion, the other investor-owned utility, would have to provide a minimum of 25 megawatts of power or some 12 and a half of these projects all the way up to 40 megawatts. What this does st., Mr. President, is attempt to put more solar out there in a community setting, in a smaller scale solar project to see how these things work within the community. They come with a voluntary rate schedule for those people that would like to hook up to this power and get that power. It does provide provisions if we find it successful to actually expand beyond the two megawatt limit with permission of the state corporation commission. So Mr. President, it felt like this is an excellent way to integrate solar and I hope it be the pleasure of the Senate to pass the bill.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 1393 pass. All in favor of the motion will record their votes aye; those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0, rule 36-1.
[Unknown]
Ayes 39, nos 0, rule 36-1. The bill passes.
[Unknown]
Senate bill 1394, a bill relating to small agricultural generators, sale of electric power, net metering.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Thank you, Mr. President. I move the bill pass and speaking to that mesh gliewr the Senator has the floor.
[Unknown]
Mr. President, ladies and gentlemen of the Senate, Senate bill 1394 provides for a net metering program for small ag producers, solar power on their farms to actually produce and then sell back to the investor owned utilities the excess power they produce. It's a small limited pilot program meant to again he vl -- evaluate that, but gives an opportunity for those in the agriculture business to actually start that own new source of income for farms in terms of providing solar power and selling it back to the grid. With that explanation, Mr. President. I move the bill pass.
Frank Wagner
Thank you, Senator. The question is, shall Senate bill 1394 pass. All in favor of the motion will record their votes aye; those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 38, nos 3, rule 36.1.
[Unknown]
Ayes 36, nos 3, rule 36.1. The bill passes.
[Unknown]
Senate bill 1428, a bill relating to education improvement scholarships tax credits; eligibility requirements.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you, Mr. President. I now move that Senate bill 1428 pass, and speaking to my motion.
[Unknown]
The Senator has the floor.
Bill Stanley
Thank you, Mr. President. Members of the body, Senate bill 1428 is a simple bill that makes some expansions on the education improvement scholarship tax credit that we currently have in the commonwealth of Virginia, which allows children that are 300% above all the way down to the poverty level and below to attend private schools by use of scholarships. Those persons and corporations that donate to these scholarship funds receive a 65% tax credit. It's allowed thousands of children who otherwise May not have had that opportunity and those parents to make those decisions to attend the school of their choice. It has been a rousing success. Well, this, Mr. President, expands the education improvement and scholarship tax credit program by modifying the definition of an eligible student to be also a student with a disability. So therefore, more children with disabilities would be eligible to receive the tax credit to get it reduces the penalty if the scholarships. Foundation does not take the scholarship money and immediately within that first year or the year it received it give it in the form after scholarship. The penalty from 200% to 100% of that amount. And a also in my amendment eliminates that the scholarship amount available for the eligible child with the disability would be 100%, not 400%. Mr. President, a lot of our public schools are not equipped, unfortunately because of the limitations in that your budget to, handle children with disabilities. This enables parents to find those schools that can take care of their children who suffer from these disabilities. It has been said from a very good Senator who once was in these seats, the former Senator from Chesterfield, Senator Stosch, who said to me, he said, this would allow public schools to actually save money through the scholarship program because parents are now encouraged to remove their disability child from public school because the cost of educating is four times the state's share of soq. So for those reasons, it's a very beneficial program for both the student and the parent and also those schools systems that are dealing with limited funds. For those reasons, I renew any motion that the bill pass.
Walter Stosch
Senator from Arlington, Senator Favola .
Barbara Favola
Thank you, Mr. President. Would the Senator from Franklin County rise for a question.
Walter Stosch
Would the Senator yield.
Barbara Favola
Gladly.
[Unknown]
Thank you. I'm just curious, is there is fiscal impact statement for this since you're broadening the students eligible to accept the scholarships and therefore, the tax credit number I would expect would go up or do you not know?
[Unknown]
The Senator from Franklin County .
[Unknown]
Thank you, Mr. President, I 'd answer the gentle lady by saying actually I do know. What we've had is the stop scholarship amount, the total amount of tax credits given to individuals or corporations that give to these scholarship programs is 25 million. What we're trying to increase is the pool of eligibility. It would not increase anything on our budget that is not already budgeted for. So what it's trying to do is expand the pool of eligible students to include those with disabilities and won't change the dollar amount.
[Unknown]
Thank you. The Senator from western Fairfax County, Senator morrison.
[Unknown]
Thank you, Mr. President. I surely appreciate the gentleman's intent to help kids. I just wanted to remind the body that very often education costs don't attach to a child. They attach to the infrastructure of the facility or cost center that is educating them, taking one child out of that program. The teacher is still there, lights are still on. The principal is still there. The school bus drivers, the cooks, everybody. That's where the cost is from, not with the individual student, and, just wanted to remind the body that's the way this kind of financing works.
Bill Howell
Thank you. The question is shall Senate bill 1428 pass. All in favor of the motion will record their votes aye; those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 23, nos 17.
[Unknown]
Ayes 23, nos 17. The bill passes.
[Unknown]
Senate bill 1431, a bill relating to the administrative process act, economic impact analysis, opportunity for comment by affected businesses or other entities.
[Unknown]
The Senator from Spotsylvania, Senator Reeves .
Bryce Reeves
Thank you, Mr. President. Speaking to the bill.
[Unknown]
The Senator has the floor.
Bryce Reeves
Mr. President, this is a good government bill, and I wish to lend my remarks to thank the Senator from Fairfax for helping with this legislation. What it does is it requires when the department of planning and budget does their economic impact analysis for any regulations they're trying to put out there, it's just requiring them to take the input for public comments that otherwise they weren't taking before so those comments can help retract or calibrate the analysis of what that economic out look looks like. That's what this legislation is designed to do. It's supported by numerous chamber of commerce and a budge of other folks -- that's the bill, Mr. President.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 1431 pass. All in favor of the motion will record their votes aye; those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 37, nos 2.
[Unknown]
Ayes 37, nos 2. The bill passes.
[Unknown]
Senate bill 1456.
[Unknown]
Mr. President.
[Unknown]
The Senator from.
[Unknown]
Never mind.
[Unknown]
Thank you, Senator .
[Unknown]
Senate bill 1456, a bill relating to the motor vehicle fuels sales tax in certain transportation districts; Price floor.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Thank you, Mr. President. I move the bill pass and speaking to that measure.
[Unknown]
The Senator has the floor.
Frank Wagner
Mr.Ment, ladies and gentlemen of the Senate, three years ago, we passed some historic transportation legislation in this body and ultimately signed by then governor mcdo mcdonald t for the first time addressed our critical funding for transport nation needs throughout the commonwealth of Virginia. This measure raised a new billion dollars with a b for transportation projects statewide and also established a regional account for our regions to recognize that there are regions of the state, mine in Hampton roads, as well as northern Virginia, that needs additional money, but wouldn't fit in to the pattern of actually raising taxes around the state, because the needs of the rest of the state were not as great as the needs in our particular two regions. So in the course of doing that, we established these two regions. Well, they had been previously established, but provided additional funding. One of the shifts that was made during that whole dissertation on House bill 2313 was the move away from a per gallon tax to a sales tax on the cost of gasoline. When you move from a per gallon tax to a sales tax, one of the risks that you run into is what if the Price of gasoline goes down. Then you tillly guess less revenue than you anticipated. Now, at the time the bill was debated, it happened that the gasoline prices were some of the highest, or as the senior Senator of Fairfax tells us the day before was the highest that we had ever seen. In the course of those discussions, that subject came up, and it was negotiated into the bill that we would put a floor in at that particular spot, sales Price of gal lien for that particular day, which happened to be fortuitous if you think we have enough money for transportation and need those funding. In the course of doing those negotiations and finally settling on it, we omitted to remember the regional areas. Had we remembered at that point, I 'm quite certain in negotiations that we would have said sure, go ahead, and let's do the regional taxes. Well, as we all know, from that day that we had a few years ago in February, what has actually happened is the Price of gasoline has plummeted, to the benefit of every consumer in this room and indeed every citizen in the commonwealth of Virginia, a real drop in the cost of gasoline, which has put literally hundreds of millions of dollars back into the taxpayers' pockets in Virginia. Had we not been so fortuitous as to remember to put the floor in, these transportation projects you see going around in Virginia today would not be going on. Certainly probably the vast majority would not even be occurring right now because there would not be the revenue in there had we not put the floor in. Well, I can assure you the same things have happened in our regions. And I will yield the floor in a minute to the Senator of the city of Fairfax, but let me tell you a little bit about what's happened in Hampton roads. We have a seen a drop in revenue collections. Many of the projects we're looking at now are going to be required to be tolled. As revenues dropped, the available money we had to actually get these construction projects accomplished is going down, and the corollary to that is, the less money we have to actually get the road built, the more money we'll have to borrow to complete the project. Translation: the less money we have today, the more the tolls will be. Now, let me tell you what happens once you decide to go up with the toll. When you go up with a toll, you now have the care and feeding of the toll system. You also have to go out in the credit market and borrow those monies, which means that for everything that we decide to toll, we're going to take $2 out of the taxpayers' packet instead of the dollar if we just decided to build the road and pay as you go. Because we're borrowing, we'll now take another dollar out of the taxpayers' pocket to pay wall street for the cost of the bonds and care and feeding of the toll system. I don't know how you feel, but if I have the opportunity to take two dollars out of the taxpayers' packet or a dollar on critically needed infrastructure projects, I 'm under the yolk I want to take one dollar and not two. And don't kid yourself and don't fool yourself and don't try to convince yourself it's anything other than that that, because that's what it is. And the opportunity to speak up in Loudoun County earlier this week, and that exact subject came up. And I said, look what happens when you don't come up with the money to actually have the highway built. And I know it's a very sensitive issue and I can appreciate the sensitivity of the issue for those folks that live in Loudoun County with the tolls that they have to pay every day just for the privilege of driving back and forth to downtown d.C. And those types of things. So these decisions we make here today impact not just us and our taxpayers and the money that come out of their pocket, but impacts their children and the way these bonds go will impact their grandchildren and take $2 out of the pocket. I think God that our parents made that decision to put a federal fuels tax into place under republican president dwight david eisenhower to build an interstate highway system, because had they not made that investment on the part of each and every one of us in this room, had they not made that investment, where would we be today? Where would commerce be today had they not made that investment? Look at the return on investment that we reap today because our parents had the foresight to make that investment today. So it's kind of a glorious speech for asking you to raise the floor in my area and an area, northern Virginia, that desperately needs it, because right now every dollar we don't raise means that the citizens -- I live in Hampton roads. In fact, if you don't have a dog in this hunt, you're not in Hampton roads or you're not in northern Virginia, when you come and visit our area, you're now going to take $2 out of your taxpayers' pocket to come visit our area instead of having us build the road for you and you could use it for free. So those are the decisions that we're making today, and I would hope that you would allow something -- we really have a consensus build from the legislators in our area, the businesses in our area and indeed the majority constituents in our area and allow us to at least put the floor back in, and that's what the bill does. All it does is establish that statewide board we use today across the board and add that to both the Hampton roads region as well as northern Virginia. Mr. President, I 'll yield the floor to the Senator at the city of Fairfax .
[Unknown]
Senator from Fairfax city, Senator peterson.
[Unknown]
Thank you, Mr. President. Speak to the bill.
[Unknown]
Senator has the floor.
[Unknown]
And I want to associate with my colleague from Virginia beach, he's exactly correct. His bill rolled in my Senate bill 1092 which does for northern Virginia what his does for the Hampton roads area. Basically it takes the 2.1% add-on fuel tax that right now goes to mass transit in northern Virginia and pegs that to the Price we had at the pump in 2013. When gas prices went south in the last couple years, our revenues dried up and mass transit suffered for it. You already know about the problems with metro, and this isn't going to solve that as a silver bullet, but trust me, we need to hold that harmless, otherwise it's going to have a huge impact on our area and on mass transit. So without reiterating everything he said, I fully agree with him, and I ask that we -- it is huge. I ask that we vote for the bill.
[Unknown]
Thank you, Senator. The senior Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
Thank you, Mr. President. Would the senior Senator from Virginia beach yield for a question.
[Unknown]
Would you senior Senator yield for a yes.
John Cosgrove
I yield.
[Unknown]
He yields.
[Unknown]
Thank you, Mr. President. I'd ask the gentleman, what is the cost per gallon that we're looking at from the 2013 era.
[Unknown]
The senior Senator .
[Unknown]
And I would answer the gentleman I believe it's $3.73 a gallon or in that range, $3.60 or 70 cents a gallon would be the floor that's been established statewide. Don't hold me to that, but in that range.
[Unknown]
The senior Senator from Chesapeake .
[Unknown]
On the wholesale Price .
[Unknown]
Gentleman yield for another question?
[Unknown]
I yield.
[Unknown]
I would ask the gentleman, this additional money that's going to be generated by this floor, will that many and other money be required to stay? Hampton roads or northern Virginia where it's being raised. Mr. President, I would respond
[Unknown]
Yes. To the gentleman by yes, and in fact, provisions that establish the accountability commission means that that money can only be used for congestion relieving tunnel, bridge and road projects, and no other use.
[Unknown]
I thank the gentleman.
Bill Howell
Thank you, senators. The question is, shall Senate bill 1456 pass. All in favor of the motion will record their votes aye; those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 26, nos 12.
[Unknown]
Ayes 26, nos 12. The bill passes. The bill passes.