Republican Bob Goodlatte has held office in the 6th CD since he was first elected in 1993. But Senate leaders want to change the boundaries of the 9th CD, which covers most of southwestern Virginia. Republican Morgan Griffith was voted into office in the 9th during the GOP sweep last November, ousting Democratic Party Rep. Rick Boucher, who had previously held the office since 1983.

At issue is whether the Democratic-leaning city of Roanoke should remain in the 6th district, or be redrawn into the 9th. The plan drawn up by the House of Delegates keeps Roanoke in the 6th. The Senate plan moves Roanoke into the 9th, making up for the loss by including more rural areas in the 6th.

Analysts are saying the 9th is competitive but the 6th is not. Dwayne Yancy wrote on roanoke.com last Tuesday:

From a vote-counting standpoint, what the Democrats are doing here is giving up on the 6th District — which has been pretty reliably in Republican hands since 1952, with the exception of the Jim Olin interregnum in the ’80s and early ’90s. Instead, they’re banking on trying to win back the 9th — by moving the Democratic stronghold of Roanoke into that district.

Joe Fitzgerald, 1st Vice Chair of the Virginia Sixth District Democratic Committee, wrote to me in an email that “the Fifth, Sixth, and Ninth have to grow geographically and most of the places they can go are majority Republican. The question for the Sixth is always going to be just how Republican we wind up. With the state trending blue, a more Republican Sixth means a less Republican Ninth or Fifth.”

The Roanoke Times reported last Wednesday:

Republican Bob Goodlatte of Roanoke County has held the 6th District seat in Congress for 18 years. Republican Morgan Griffith of Salem won the 9th District seat last year. Both redistricting plans would keep the congressmen in separate districts.

Both Goodlatte and Griffith have said Roanoke should remain in the 6th District.

Griffith said he appreciated that Senate Democrats put Salem in the 9th District.

Under the House plan, the 6th District would extend from Roanoke County to the northern end of the Shenandoah Valley. Under the Senate plan, the district would meander from Floyd County through the Roanoke Valley and include the Alleghany Highlands and most of the Shenandoah Valley.

How would this affect Harrisonburg and Rockingham County voters? Depending on how you look at it, it might not. But if the Senate plan goes into effect, it would seem even more implausible that a Democratic challenger would be able to unseat Goodlatte.

At this point, the current Senate version seems nonviable. On Friday Gov. Bob McDonnell vetoed the state legislative redistricting plan. The Washington Post reported:

Leaders in the Senate and the Republican-controlled House wanted their bills signed into law — and in the Senate, legislators refused to pass a congressional map until they saw how he acted on state legislative maps first.

Photos by Holly Marcus for hburgnews.com

In addressing the issue of tax exemptions for certified solar energy equipment, Harrisonburg City Manager Kurt Hodgen presented two proposed ordinances from City staff, one for 20% and the other for 100% exemption. After extensive and byzantine debate, in which the City Manager expressed uncertainty about why the guiding law was passed by the Commonwealth Assembly, Council members batted around the length of exemption from life to 10 years and finally back up to 20 years (the term required by a local bank to provide further capital for the 2nd phase of Eastern Mennonite University’s solar project), and Councilmen agreed that if they passed the exemption it would be best for city residents not to apply for it, consensus seemed to grow in support of the 100% exemption.

Then Councilman Ted Byrd astutely raised the issue of fairness. If one business is allowed to apply for release from taxation, then all should be offered the same opportunity to come before the Council and request their machinery tax be exempted. However, Chenault argued that this exemption was not only for EMU and it’s partner, Staunton-based Secure Futures LLC, but for any business that invested in solar equipment. Degner expressed his belief that it is important for Harrisonburg to make a statement that the City encourages and supports alternative energy development.

Byrd was not convinced, and became the lone dissenting vote. The ordinance providing 100% exemption for 20 years passed its first of two required votes, 4-1. The ordinance reads, in part: “Effective on…July 1, 2010…certified solar equipment, facilities or devices…are hereby declared to be a separate class of property and shall be exempt from taxation at one hundred percent (100%) of its assessed value for the first twenty (20) years of its useful life.”

Today Jeff Mellott reported in the Daily News-Record on a City staff report related to the ordinance.

Council’s pending final approval of the ordinance would make Harrisonburg the 16th locality to offer the exemption. Of the 15 localities that now provide tax exemptions for solar energy development, 11 provide a 100 percent tax break for five years, according to a Harrisonburg staff report. Harrisonburg City Manager Kurt Hodgen said the city’s exemption would only be considered by request and does not apply to residences. The ordinance, as it reads, will put Harrisonburg in the forefront of state localities for support of solar development.

Northend Greenway

The proposed multi-use bike and pedestrian pathway, known now as the “Northend Greenway,” would wind its way from Eastern Mennonite University down through properties that line Blacks Run to the downtown area. The $1 million project is being proposed and funded by a small nonprofit that is new to the Harrisonburg area, New Community Project (NCP), which came out of the Brethren Church and focuses its mission on “creation care.” It is anticipated NCP will request that the City of Harrisonburg be responsible for long-term maintenance of the pathway. Tom Benevento, local coordinator for NCP, stated the pathway will create “connectivity among diverse neighborhoods, provide off-road safe transportation for children and families, and be a beautiful gift for the City.” Councilman Dave Wiens asked how it would be paid for.

Benevento responded “through major donors, grants, a public campaign, in-kind contributions, and institutions and government, but mostly community funded.” “That’s what I wanted to hear,” said Wiens. Councilman Kai Degner and Wiens both expressed strong support for the project. Council members noted the extraordinary work and coordination by NCP with city staff. Charlie Chenault touchingly expressed special praise for Thanh Dang and her “collegial style that moves projects forward.” Dang is the City’s Public Works Planner.

Council members Wiens and Degner. Photo by Holly Marcus.

In other business, the requests from Doug Kline and Velocity Property Group for special use permit and variance requests for the lot at the corner of Foley Road and Ridgeville Lane were narrowly approved, three to two.

The Chamber of Commerce presented its work on Vision2020: A Community Vision. “A community of unparalleled quality of life, where natural beauty, friendly interdependent relationship and diverse cultural, economic and educational opportunities exist.” Tom Mendez, former chair of the Chamber, said the vision was the work of 150 community leaders over a two year period, and he encouraged the City Council to officially vote in support for the vision, just as the Chamber is asking all area towns, counties and cities to provide unified support of the vision. Councilmen, some of whom had been involved with the process, praised the work of the Chamber for its focus on diversity and its contribution to the development of comprehensive plans for localities. Councilmen then referred the document to the City Planning Commission to review and consider it in the further development of the City’s comprehensive planning process, and expressed intent to vote soon in support of Vision 2020.

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In an email to a local environmental list-serve, Harrisonburg attorney and solar advocate Tom Domonoske drew attention to an environmental issue on the City Council’s agenda for Tuesday night – a proposed solar tax ordinance.

Domonoske is concerned that the City may approve a tax related to the added property value of solar panels. He writes, “if someone puts $25,000 in redoing their bathroom or kitchen, then their real estate taxes do not go up….If someone though puts $25,000.00 into solar equipment, their taxes will go up $145.50 per year, every year.”

Workers install solar panels at EMU, 2010. Photo courtesy Erik Curren.

Domonoske is also concerned about low income residents of the City who have become homeowners through the Habitat for Humanity housing program. “For the past several years all these houses have been equipped with solar hot water heaters, and these homeowners are least able to afford a tax increase simply because they live in a more sustainable, energy efficient house.”

Cathy Stickler, Chair of the Climate Action Alliance of the Valley, said that after talking with a Harrisonburg City Council member, she wants people to know the situation is complicated. She said, “The Harrisonburg City Council says they are working on this ordinance in order to help people feel confident that they can place panels on their property and not be liable for additional taxes.”

Miriam Dickler, Public Information Officer of the City of Harrisonburg, confirmed that the Harrisonburg City Council requested staff look into comparable ordinances from other jurisdictions.

Harrisonburg Mayor Richard Baugh said the ordinance will not tax residential solar panels. “If you look at two houses side by side, one has panels and one does not, currently they are taxed the same.” He stated that the ordinance is necessary to assist Eastern Mennonite University, which came to Council seeking an exemption from liability on a new large solar array they recently installed. The ordinance, said Baugh, “allows a path for local government to reduce or eliminate a tax.” In this case, a current tax related to EMU.

But concerned residential owners want to know how much of an exemption the Harrisonburg City Council will pass for this ordinance. City staff returned to Council with a proposed ordinance that would tax such property additions as solar panels, but provide a 20% discount. Baugh and other council members are considering a 100% exemption. “I will certainly do what I can to provide an incentive for solar energy,” said Baugh.

Councilman Kai Degner, in an email on the same topic, assured City residents that no one is out to dis-incentivize solar. He encouraged people to come speak at the council meeting, particularly on “the unintended impact on personal property owners that would occur if an ordinance aimed at exempting some of a business’ solar tax is adopted at a rate of less than 100% of the tax for the lifetime of the equipment,” as well as “the importance of incentivizing solar.”

Domonoske is looking to citizens to turn out in support of the full exemption.

The Harrisonburg City Council will consider the “ordinance to permit Solar Tax Exemption as permitted under Virginia State Code § 58.1-3661: Certified solar energy equipment, facilities or devices and certified recycling equipment, facilities or devices” as item #12 on the March 8 agenda.

UPDATE: Here is more of Degner’s response to Domonoske’s email:

. . . The reason the ordinance is in front of us at all is to consider how much the city wants to incentivize solar projects like the one underway at EMU. In exploring a tax exemption for the EMU / Secure Futures solar project, our only tax exemption option NECESSARILY includes a tax exemption for solar installations on residential property. Currently, residential installations aren’t taxed because the Commissioner of Revenue doesn’t factor them into the property assessment (just like she wouldn’t consider what kind of water heater you have). We are PROHIBITIED from creating an ordinance with a different exemption for business or residential solar equipment. So, that means by drafting an ordinance which would RELIEVE a business from a portion of the cost of their normally required machinery and tools tax applied to solar equipment, we are forced to create a scenario where by in an effort to SUPPORT solar installations by businesses we introduce a NEW tax (even if reduced) to the personal property owner. This effect is being weighed carefully by council members, who don’t want to “punish” home owners by relieving a well-intentioned solar power manufacturing for-profit business of some of their required machinery and tools tax.

• In-state enrollment growth
• Increase the number of full-time faculty
• Operations and maintenance of new buildings
• Increase in-state undergraduate enrollments
• Public-private partnership
• Base operating support
• Additional undergraduate student financial aid

As a part of the approved budget, the General Assembly outlined important information regarding the Virginia Retirement System and Optional Retirement Plan for state employees. State employees who are enrolled in the Virginia Retirement System (VRS) and were hired before July 1, 2010, will receive a five percent salary increase effective June 25, 2011. This salary increase will offset the required five percent contribution for state employees hired before July 1, 2010, and enrolled in the Virginia Retirement System (VRS); effective June 25, 2011.

The Optional Retirement Plan will remain unchanged.

“It is gratifying to see that public higher education is once again a priority. We are grateful to the Governor and the General Assembly for reversing the funding trend of recent years. We look forward to using these additional funds to improve our base operations, to add to our faculty, and to serve additional Virginians. We are particularly pleased to note that the Commonwealth is moving to secure state pensions without penalizing employees who have not had a raise in three years,” said JMU President Linwood H. Rose.

JMU also received $12,575,000 in capital appropriations. The boiler replacement and infrastructure project currently under way will receive $3,000,000. State supported bonds in the amount of $4,675,000 will be issued for equipping the new Biosciences Building currently under construction. Furthermore, bonds will be issued in the amount of $4,900,000 to support the renovation and construction of the new Student Health Center, which will be located in the East Wing of the former Rockingham Memorial Hospital building.

“This approved budget provides JMU with the much-needed resources in critical core operations within the university. We are particularly pleased to receive $4.6 million to equip the new Biosciences Building,” said Charles King, senior vice president for administration and finance.

"Drains to Chesapeake Bay" image from downtown Harrisonburg.

In the Shenandoah Valley, there have been objections to new EPA regulations from some farmers and state politicians. There have also been successful partnerships to reduce nutrient pollution from local dairy and cattle farms, such as the Smith Creek restoration project (which is funded in part by the USDA).

The Washington Post reported in December that Gov. Bob McDonnell was at least mostly supportive of the EPA initiative.

The pollution limits, known as the total maximum daily load [TMDL], identify how much nitrogen, phosphorus and sediment can flow into the Chesapeake each day from farms, sewage treatment plants, urban and suburban streets, parking lots and lawns. It calls for a 25 percent reduction in nitrogen, 24 percent reduction in phosphorus and 20 percent reduction in sediment by 2025. That translates into 185.9 million pounds of nitrogen, 12.5 million pounds of phosphorus and 6.45 billion pounds of sediment per year. Sixty percent of the pollution cuts are to be made by 2017 [...]

“We feel it is a stringent but workable plan that demonstrates Virginia’s commitment to cleaning up the Chesapeake Bay while providing for continued economic growth in the commonwealth,” McDonnell said. “After much discussion with the EPA, the approved plan balances the important environmental protection concerns with the need to protect jobs in agriculture and farming . . .”

Goodlatte, who serves as the vice chairman of the House Agriculture Committee, said this month that states, not the federal government, should decide how to control pollution.

It’s worth noting that the agricultural, dairy and poultry industries that have by and large opposed the EPA TMDL regulations, have also contributed heavily to Goodlatte’s campaign coffers.

Goodlatte’s amendment passed the House vote 230 to 195. Now it’s on to the U.S. Senate, where the amendment may face scrutiny and opposition. The Post reported on Friday:

Kevin Hall, a spokesman for Sen. Mark R. Warner (Va.), said that the Democrat would oppose the House funding cuts. Warner is an advocate for a broader budget deal that would tackle runaway entitlement spending, Hall said, and Republicans’ targeting of local programs showed the “folly of focusing deep cuts on a tiny sliver of the overall budget.

The bill passed the House of Delegates with  a vote of 94-Y,  4-N (see vote) on January 26.  The bill passed the Senate on a vote of   39-Y, 0-N, and  1-A (see vote) on February 18.

Members of the city electoral board currently include Chair Sandra Price-Stroble, Vice Chair Penny Imeson and Secretary Suzanne S. Obenshain,  the spouse of state Senator Mark Obenshain.  Mrs. Obenshain can remain in her position until the bill goes into effect, which is expected to be July 1.  At that point a new Republican member will be appointed to the board.

Suzanne Obenshain
Photo from VT press release on Obenshain’s Appointment to the Tech Board of Visitors

According to the Harrisonburg city website:

The Harrisonburg City Electoral Board is comprised of three members who are appointed by a majority of the Circuit Court judges of the city for a three year staggered term. Two members represent the political party of the Governor currently in office and one member represents the political party having the second highest number of votes for governor at the last preceding gubernatorial election.

On the way to the final Senate vote, the bill passed through the Senate Committee on Privileges and Elections on Feb. 15, where Senator Obenshain serves as a member.  The bill passed the committee with a 14-Y, 0-N, 1-A vote (see vote);  Senator Obenshain abstained.

Regular hburgnews readers should recognize the name from several stories published here in 2010. Castillo entered the U.S. illegally with her parents when she was six years old, and grew up in Harrisonburg.

The NYT story by reporter Michael Winerip focuses on Castillo’s life after publicly coming out as an unauthorized immigrant. Although the DREAM Act died in the U.S. Senate, she’s been busy continuing her fight to provide children of unauthorized immigrants a path to citizenship, and a shot at a college education in the U.S.

Because of her Dream Act fame, she is much in demand and has to organize her work schedule around public appearances. Last Monday, she spoke to the women’s Bible study group at Asbury United Methodist Church; Tuesday she delivered a speech at James Madison University; Wednesday she testified in Richmond before a State Senate subcommittee; Thursday she addressed a luncheon group at the Winchester Rotary Club.

Thanks to hburgnews reader Andrea for bringing this story to our attention.

In December, following a conflict between Netflix’s content delivery network and Comcast, the FCC voted for what some described as “toothless” net neutrality rules. The new rules forbid ISPs like Comcast from preventing access to certain web sites, such as Netflix. But the rules don’t block those telecom companies from charging customers more money for faster, better access to certain websites. Also, mobile “smartphone” 3G and 4G carriers are exempt from the new rules.

On Tuesday, at a hearing of the House Judiciary Committee, Goodlatte asserted that trustbusting is Congress’ job, and should not be at the discretion of regulatory “bureaucrats.” Wendy Davis reported on MediaPost.com:

Rep. Bob Goodlatte (R-Va.), chair of the House Judiciary Intellectual Property, Competition and the Internet subcommittee, called Tuesday’s hearing the first step toward ensuring that Congress, and not the FCC, makes any rules regarding the Web. He added that the Internet “must be allowed to grow and innovate” without becoming mired in regulations.

Goodlatte advocated enforcing current laws governing telecom corporations, as opposed to allowing the FCC to decide what’s verboten. On TheHill.com, Sara Jerome reported:

Goodlatte did not see FCC regulations as a way to prevent anticompetitive behavior, criticizing the FCC’s order as “morass of bureaucratic rules.”

“I believe that the right approach is a light touch that focuses on punishing anticompetitive behavior, enforcing antitrust laws, and even potentially tweaking those laws to ensure that they still operate as intended in the digital age,” he said.

Testifying before the panel, Public Knowledge President Gigi Sohn said both antitrust and FCC rules are necessary to preserve the open Internet. She said net-neutrality proponents want to ensure “the next Google, the next Twitter, the next Netflix” are able to compete.

The industry Goodlatte spoke about regulating also happens to be one of his biggest campaign contributors. According to data on OpenSecrets.org, Comcast Corp was among the top five contributors to Goodlatte’s campaign committee during the 2010 cycle. The “Computers/Internet” and “TV/Movies/Music” industries gave generously to Goodlatte’s war chests during the same cycle, kicking in more than $145,000 combined.

SB1272 had the support of Gov. Bob McDonnell, who toured Virginia last year to promote the plan.

The Washington Post reports that Friday’s rejection came as no surprise. Rosalind Helderman writes:

The development was widely anticipated — Republican House Speaker Bill Howell (R-Stafford) and other GOP-leaders had already declared the bill essentially dead.

And in the Senate, Rehabilitation and Social Services committee Chairwoman Sen. Toddy Puller (D-Fairfax) had said repeatedly that her panel would not hear the bill until the Republican-led House of Delegates advanced the proposal.

But unlike in the House, where McDonnell’s Republican allies showed no interest in privatization, the GOP in the Senate had pushed for the idea to be heard.

However, McDonnell failed to gain enough legislative support, even after revising his proposal several times, and he has barely mentioned the idea since this year’s session has begun.

In a public statement, Obenshain blasted Senate Democrats for killing his bill “without even voting on it.”

In a way, this is a rerun of the 2009 session (during the Kaine administration) when Obenshain’s earlier ABC privatization proposal was rejected.

File photo of Obenshain by Holly Marcus.