Pending Virginia proffer legislation
As of today, the latest action on the pending proffer bills is as follows (Text designated “Note” is mine):
HB 89 Conditional rezoning proffers; affordable dwelling units. --CC&T Subcommittee #2 recommends passing by indefinitely (6-2)
HB 163 Conditional proffers; public facility capacity, previously approved residential developments. --CC&T Subcommittee #2 recommends passing by indefinitely (7-0)
HB 1446 Conditional rezoning proffers; provision for public facility improvement (Fairfax County only).--CC&T Subcommittee #2 recommends passing by indefinitely (7-1)
SB 458 Conditional proffers; public facility capacity, previously approved residential developments.--Referred to CLG 1/9
SB 469 Conditional zoning; removes restrictions on types of proffers a locality may request or accept. (Note: this bill would strike much of 15.2-2303.4)--Referred to CLG 1/9
SB 944 Cash proffers; impact fees. (Note: summary as introduced says, in part, “Removes various provisions granting localities authority to accept cash proffers as part of the conditional rezoning process. … The effect of the repeal will be to make the existing impact fee provisions available for use by any locality that includes within its comprehensive plan a calculation of the capital costs of public facilities necessary to serve residential uses.”)--Referred to CLG 1/19
SB 957 Exemption from certain conditional rezoning proffer requirements. (Note: provides that 15.2-2303.4 shall not apply to Prince William County or to the Cities of Alexandria, Fairfax, and Falls Church, if such locality enacts an ordinance to provide that such provisions shall not apply.)--Referred to CLG 1/19
SJ 13 Study; joint committee to study the 2016 conditional rezoning proffer reform bill; report--Referred to Committee on Rules 12/18
The underlying theme of these bills is to address the statutory scheme, but the deeper problem is the constitutional issue found in Koontz. If proffers (or impact fees, or SUP conditions) aren't roughly proportional or don't have a nexus to the impact of the zoning action, then they aren't going to be constitutional.
All the above bills can be viewed on the Virginia Legislative Information System page.