June 5, 2024: Youngkin announces Virginia will no longer mandate zero-emission vehicles by 2035
Plus: Another look through the latest land use applications in Albemarle County
What are the odds of guessing what number will come up when you throw a six-sided die into the air? How do the chances change if you add more sides or if you take some away? Is it worth the risk of even making the attempt? Charlottesville Community Engagement plays it cautious but really wants to know all of the potential answers. I’m Sean Tubbs, eyes down for a full house.
In today’s installment:
Governor Glenn Youngkin has announced Virginia will no longer require new cars to be fossil-free by 2035, citing an opinion from Attorney General Jason Miyares
Construction has begun for a foot and wheel bridge across Pollocks Branch in Charlottesville’s Jordan Park
The Piedmont Housing Alliance has won a regional award from an association of nonprofit developers
Another rundown of the latest land use applications in Albemarle County including nearly 300 new apartment units in the Places29 area
First-shout: Downtown activities for kids this summer
In today’s first Patreon-fueled shout-out: With school out and summer just around the corner, Downtown Charlottesville offers endless activities to keep kids busy and entertained! From engaging library story-times and thrilling summer camps to exciting KidFlix movies and vibrant festivals, there's something for every child to enjoy. Explore all the fun and make this summer unforgettable!
The Violet Crown’s KidFlix Summer Movie Series begins on June 7 with $1 tickets (learn more)
The Paramount Theater will present Kid’s Fest on June 20 including a tour of theater and the first act of the Music Man (learn more)
JMRL’s Central Branch offers a variety of storytimes throughout the summer (check the calendar)
The DMR Adventures Performing Arts Academy has several summer camps (learn more)
Youngkin: Virginia will no longer require all cars to be fossil-free by 2035
In the latest attempt to roll back legislation to reduce greenhouse gas emissions in Virginia through executive means, Governor Glenn Youngkin today will announce that the Commonwealth will no longer follow another state’s guidance on the requirement of low-emission or zero-emission vehicles.
“The idea that government should tell people what kind of car they can or can’t purchase is fundamentally wrong,” said Youngkin in a press release. “Virginians deserve the freedom to choose which vehicles best fit the needs of their families and businesses.”
The General Assembly passed legislation in a special session in 2021 that directed the State Air Pollution Control Board to establish a low-emissions and zero-emissions vehicle program for cars built after 2025.
“The bill requires that the regulations adopted by the Board will allow any motor vehicle manufacturer to establish a Virginia-specific zero-emission vehicle credit account and to make an initial deposit into its account,” reads a summary for HB1965 which passed the Senate on a 21 to 15 vote on February 19 of that year and the House of Delegates 53 to 44 on February 23. Governor Ralph Northam signed the legislation on March 18, 2021.
Republicans have tried to undo the legislation via the General Assembly in 2022, 2023, and 2024 but failed to overcome the Democratic majority. The bill directs the Air Pollution Control Board to tie the standards to the Advanced Clean Cars Program established by the California Air Resources Board. The first Advanced Clean Cars program was put in place in 2012 establishing a credit system. A second version was put in place in 2022 to govern cars built between 2026 and 2035. It sets a target year of 2035 for all new vehicles to be emissions free.
Watch a video from the California Air Resources Board
In December 2021, the State Air Control Pollution Board adopted the regulations which mirrored the first version which expires on December 31 of this year. So far the board has not adopted standards and regulations based on the second.
Having failed to overturn the legislation, Senate Republican Leader Ryan McDougle and Youngkin asked Attorney General Jason Miyares to officially weigh in.
“It is my opinion that the Board is not required to adopt California’s Advanced Clean Cars Program II, including those regulations establishing standards related to low- and zero-emission vehicles,” Miyares wrote in the nine-page opinion.
Miyares said the U.S. Clean Air Act gives the federal government jurisdiction over emissions standards. He wrote that California has a waiver in place that allows it to set its own rules.“The effect of the new regulation is a ban of all sales of non-electric vehicles by 2035 and for subsequent years,” reads page three of the opinion.
Miyares noted that the U.S. Environmental Protection Agency also has standards that will encourage production and purchase of electric vehicles, but these will not phase out gasoline-fueled cars.
The opinion comes down to language in the 2021 legislation.
“The Board may adopt by regulation emissions standards controlling the release into the atmosphere of air pollutants from motor vehicles, only as provided in § 10.1-1307.04 and Article 22 (§ 46.2-1176 et seq.) of Chapter 10 of Title 46.2,” reads section 1.B of HB1965.
Miyares writes at some length about the difference between the word “may” and “shall” before making his conclusion.
“I conclude that ‘may’ as used in § 10.1-1307.05(B) to enable the Board to adopt LEV and ZEV standards identical to California’s under § 177 of the Clean Air Act is discretionary and not mandatory,” Miyares said.
Miyares noted that Virginia’s participation in the program will end on December 31 when California’s Advanced Clean Cars Program I expires.
This is the second time that the Youngkin administration has planned to exit a program created at the legal direction of the General Assembly. On his first day in office, Youngkin signed an executive directive to remove Virginia from the Regional Greenhouse Gas Initiative. After legislation to do so failed, Youngkin used the regulatory process to exit the interstate compact at the end of 2023. A lawsuit filed to stop that action is still alive in Floyd County Circuit Court.
Construction underway for bridge in Jordan Park in Charlottesville
Work has begun to build a new way to cross Pollocks Branch in a park in southern Charlottesville.
The city is using around $175,000 in Community Development Block Grants to build a new bicycle and pedestrian bridge in Jordan Park.
“The bridge will allow users of the Moores Creek trail to cross the tributary to access the trails west of Jordan Park playground and basketball courts and continue towards 5th Street,” said trails planner Chris Gensic in a press release sent out on May 29. “Currently the Rivanna Trails Foundation footpath crosses the creek with a rock hop.”
Pollocks Branch runs south of downtown Charlottesville before entering Moores Creek. Both eventually flow into the Rivanna River, which in turns flows into the James River. Pollocks Branch is buried in a pipeline that runs underneath Kindlewood and the Ix Art Park before daylighting south of Elliot Avenue.
In 2014, the city purchased 20 acres of land in Albemarle County just across from Jordan Park that was the location of the former Hartman’s Mill. So far, the site is not open to the public.
“We have explored it and found the mill race remains, stone foundation, and one of the mill stones,” said Chris Gensic, the city’s trails planner. “We have not done anything on the county’s side as we had some access issues that are improving with development on Avon Court.”
Some of the land is on the city’s side of Moores Creek and Gensic said that land has been used to extend a trail. He added negotiations are ongoing to extend a trail that would be accessible via the Americans With Disabilities Act along a sewer line.
Gensic said the work in Jordan Park is not the only trail construction project that will happen this year in the city.
“A few other projects in the works for construction soon are Meadow Creek from Greenbrier Park down to Michie Drive (ADA stone dust and 2 bridges), improving lower Meadow Creek new trail at Lochlyn hill/Locust Meadow to stone dust/ADA (probably this winter), and building the paved trail connection from the YMCA down to the West McIntire/250 bypass trail behind the fire station, also hopefully this winter,” Gensic wrote.
To learn more about city trails, take a look at the Parks and Recreation website.
Piedmont Housing Alliance wins regional award for Kindlewood
A regional organization that promotes the construction of dwellings for low-income and underserved communities has selected a Charlottesville project for a 2024 Housing Achievement Award.
The Housing Association of Nonprofit Developers selected the Piedmont Housing Alliance’s redevelopment of Friendship Court into Kindlewood in its Racial Equity in Action category.
“This award is a meaningful recognition of the incredible work and vision of its residents,” said Piedmont Housing Alliance Executive Director Sunshine Mathon in a press release. “Kindlewood isn’t just about offering new homes – it’s about forging a path toward a more just and equitable future.”
Friendship Court was built in 1978 as Garrett Square after an urban renewal project that razed dozens of homes just years before. The Piedmont Housing Alliance assumed control of the property in November 2018 and have been planning for the redevelopment with their partner, the National Housing Trust.
There were 150 units in the original development, but Kindlewood will eventually feature 450 affordable units. The initial plan was for 600 units, but was reduced after input from an advisory committee of residents.
“This award is a great honor we all share in,” said committee member Glenna Stinnie. “Every step of the way, the Advisory Committee has worked closely with residents to lead the redevelopment of our community.”
In addition to the new homes, there will eventually be a new community center, an early learning center, a public park, a financial opportunity center, and a community garden.
The theme for the 33rd annual HAND awards is “In This Together” according to their website.
“We know that the obstacles our communities face cannot be solved alone, and there is no single solution to the housing affordability crisis,” reads the notice for the June 13 ceremony that will be held at the Kennedy Center in Washington, D.C.
The first phase of 106 units is complete after having been built on land that had been open space through which Pollocks Branch runs through a pipe underground.
“Specifically, Phase 1 consists of 71 apartments and 35 townhomes all serving low-income families, including 11 units specially designed for persons with disabilities,” reads a description on the Virginia Community Development Corporation, which brokers the Low-Income Housing Tax Credits that keep rents low.
The City of Charlottesville has invested heavily in the project through a mixture of sources. In October 2020, the city entered into a performance agreement for $6 million in tax abatement for the project as well as a forgivable loan of over $5.5 million. (Council approves agreement for Friendship Court funding, October 30, 2020)
That doesn’t include millions in capital funds to cover the cost of infrastructure that will be built to support the project.
There was discussion of another forgivable loan on Monday night at City Council. Details in a future edition of the newsletter.
Second-shout out: Charlottesville E-bike Lending Library
In today’s second Patreon-fueled shout-out: The rolling topography of the Charlottesville area keeps some people away from choosing cycling as an option to get around. Perhaps an e-bike is in order?
That’s where Charlottesville’s eBike Lending Library comes in! E-bikes are a great way to get around the community but there are many brands and styles to choose from. Because many e-bikes are sold online, it can be a challenge to try an e-bike before buying one.
The Charlottesville E-bike Lending Library is a free, not-for-profit service working to expand access to e-bikes in the area. They have a small collection of e-bikes that they lend out to community members for up to a week, for free. You can experience your daily commute, go grocery shopping, or even bike your kids to school, and decide whether e-bikes are right for you. Check out this service at https://www.ebikelibrarycville.org!
Albemarle land use: 44 more units at Hollymead Town Center, 244 off Woodbrook Drive
The Hollymead Town Center has been developed in bits and pieces since Albemarle Supervisors approved a rezoning in September 2007.
The latest plans will see 44 multi-family units in an area designated in the Code of Development as Area C Block VII. These will be in four-story buildings. A hundred parking spaces will be provided.
Albemarle’s Development Dashboard shows that there are 370 approved units in Area C of Hollymead and 124 have been built so far. (ARB202400045) (SDP202400026) (SDP202400026 (2))
Other items from Albemarle’s development portal:
There are two recent applications related to the Montclair development in Crozet approved by the Albemarle Board of Supervisors in February. The Architectural Review Board will get to take a look at the design (ARB202400040) There’s also a site development plan that’s under review. (SDP202400023 and SDP202400023(1))
Rio Hill Shopping Center continues their gradual upgrade with another set of façade improvements. The stretch from the Kroger to Five Below is complete and now its time for the storefront of Joann Fabric to receive the same treatment. (ARB202400041)
Design Development has submitted a new set of plans for Three Notch’d Center at 5370 Three Notch’d Road (Route 240) in Crozet across from MusicToday and Starr Hill Brewery. The proposal is for a 23,120 square foot building with space for an office and a restaurant. (ARB202400043)
The Rivanna Water and Sewer Authority is converting an existing canopy at its headquarters at 725 Moores Creek Lane into an enclosed space for vehicular repair. (ARB202400044)
A site development plan has been filed for 244 multifamily units in a project called Woodbrook Apartments on about seven acres between Woodburn Road and Berkmar Drive. Albemarle Supervisors approved a rezoning to Planned Residential Development on April 17, 2024. There will be 18 studio apartments, 85 one-bedroom units, and 141 two or three bedroom units. There will be 366 parking spaces, a 17 percent reduction over what the formula would otherwise have required. (SDP202400024) (SDP202400024 (2))
The Rivanna Solid Waste Authority is building a new baler to support recycling of cardboard at the Ivy Solid Waste Transfer Station at 4576 Dick Woods Road. (SDP202400025) (SDP202400025 (2))
A zoning clearance has been approved for an ice cream shop at 622 Albemarle Square to become Deens Bistro. (CLE202400061)
Jefferson Coin is moving across U.S. 29 from a former Pizza Hut to the former SunTrust in Albemarle Square. An entity called the 255 Group LLC purchased the 1.19 acre site for $1.5 million on April 4, 2024. Albemarle approved the zoning clearance on June 4. (CLE202400062)
A 12,500 square foot space in Seminole Place that had been used to make pasta will become space for AgroSpheres, a “biotechnology company producing biodegradable crop protection” and will have “25 employees running day shift only to start” according to the application. (CLE202400073)
Pro Re Nata in Crozet is set to have a Moo Thru operating at a stand inside the brewery. (CLE202400076).
Reading material:
RWSA and Rivanna Solid Waste vote on five-year budget, Gabby Womack, May 28, 2024
Groups criticize environmental justice approach in Virginia, Whitney Pipkin, Bay Journal, May 29, 2024
Charlottesville weighs bringing police back into schools, Jason Armesto, Charlottesville Daily Progress (paywall), May 30, 2024
Virginia disability advocates celebrate legislative wins, Radio IQ, Brad Kutner, May 30, 2024
State budget provides $4.9M to tackle invasive species, Patrick Larsen, VPM, May 30, 2024
Revalation to show Fluvanna filmmaker's documentary, Madison Eagle, June 4, 2024
Snake-eyes for #685
I’m writing this installment in a chain coffee shop in Atlantic City in New Jersey, a place where everyone else seems to be on vacation or spending their money at the casinos. I’m at Georgia Avenue right across from a statue that depicts this place as the home for many years of the Miss America pageant. When I decided to spend a couple of days here, I had forgotten this is the place where the Monopoly board comes from.
As with every place I go, I spend a little time looking to see how it works. The population of Atlantic City is technically smaller than the city of Charlottesville. There’s something called the Casino Reinvestment Development Authority that I want to look up. According to the bartender at the Biergarten, the season really hasn’t started yet. That place is tucked between Iowa Avenue and California Avenues, which I don’t think is on the Monopoly Board.
I don’t gamble, but in 2020 I took a leap of faith and created Town Crier Productions to help get me back to journalism, the only thing I’ve ever really wanted to do. I like to figure things out and write them in a way that will explain them to people who want to also understand how things work.
Now I have hundreds of subscribers, people who have decided they want someone to be writing about civic affairs in a detailed manner and in a way that links back to source materials when possible. Our civilization is complicated, and this newsletter is intended to help people think through the issues.
If you’d like to join in with a paid subscription through Substack, Ting will match the initial payment whether it be at $5 a month, $50 a year, or $200 a year. It’s quite generous of them to do so, and I appreciate their investment in this style of community journalism.
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