2026 SESSION

INTRODUCED

26104652D

HOUSE BILL NO. 594

Offered January 14, 2026

Prefiled January 13, 2026

A BILL to amend and reenact § 36-139.9 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-2292.3, relating to expedited approval for certain affordable housing developments.

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Patrons—Simonds, Cole, J.G., Reaser, Anderson, Bennett-Parker, Callsen, Carr, Carroll, Cohen, Cole, N.T., Convirs-Fowler, Cousins, Feggans, Franklin, L.V., Helmer, Keys-Gamarra, Krizek, LeVere Bolling, Martinez, McGuire, Mehta, Pope Adams, Price, Reid, Seibold, Shin, Simon and Tran

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Referred to Committee on Counties, Cities and Towns

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Be it enacted by the General Assembly of Virginia:

1. That § 36-139.9 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 15.2-2292.3 as follows:

§ 15.2-2292.3. Expedited approval for increased density for certain affordable housing developments.

A. A local governing body may by ordinance allow a zoning administrator to use an administrative process to approve rezoning applications for affordable housing developments, provided that:

1. All housing units in the development are affordable housing;

2. The affordable housing development complies with all applicable provisions under the Virginia Fair Housing Law (§ 36-96.1 et seq.);

3. The affordable housing development is connected to a public or community water supply or sewage system; and

4. The affordable housing development is located within or adjacent to an area identified by the locality that could support increased density development and provide access to services.

Such ordinance shall contain provisions that (i) allow administrative approval of increased housing density zoning usage for qualifying developments; (ii) articulate the minimum number of units per acre, maximum lot size, and height requirements for the affordable housing units; and (iii) require an annual report on the number of approved permits and units and the number of units that are built in accordance with the locality's ordinance.

B. No ordinance under this section shall be passed until after notice of an intention to propose such ordinance for passage has been advertised by reference twice, with the first notice being published no more than 28 days before and the second notice appearing no less than seven days before the date of the meeting referenced in the notice, in a newspaper having a general circulation in the locality. The publication shall include a statement that a copy of the full text of the ordinance is on file at the office of the clerk of the circuit court or the office of the chief administrative officer of the locality.

C. The Department of Housing and Community Development (the Department) may give a locality that has adopted an ordinance pursuant to this section priority for any grants or loans administered by the Department if such locality demonstrates to the satisfaction of the Department that its ordinance has met the provisions of this section.

§ 36-139.9. Local housing policy; report to Department.

A. Any locality with a population greater than 3,500 shall submit annually to the Department a report summarizing the adoption or amendment of any local policies, ordinances, or processes affecting the development and construction of housing during the preceding fiscal year. Such report shall contain a description of the following items and, if available, a reference to where additional information can be found on the locality's website:

1. Adoption or amendment of a local proffer policy enacted by the locality pursuant to § 15.2-2298, 15.2-2303, or 15.2-2303.1;

2. Adoption or amendment of any provisions of the zoning ordinance affecting the development, redevelopment, or construction of single-family or multifamily housing;

3. Adoption or amendment of any provisions of the subdivision ordinance affecting the development, redevelopment, or construction of single-family or multifamily housing;

4. Revisions to the comprehensive plan affecting the location, density, or character of single-family or multifamily housing;

5. Adoption or amendment of any ordinances, incentives, or policies designed to encourage the development, redevelopment, or construction of housing, including accessory dwelling unit ordinances, affordable dwelling unit ordinances pursuant to § 15.2-2304, 15.2-2305, or 15.2-2305.1, fee waivers, density bonuses, expedited affordable housing ordinances pursuant to § 15.2-2292.3, waiver or reduction of local parking requirements, new construction or rehabilitation tax incentives, and development standard modifications; and

6. Changes to any local fees associated with the reviewing, permitting, and construction of residential development activities.

B. Reports submitted by localities pursuant to this section shall be submitted to the Department annually by September 1 for the preceding fiscal year. Reports shall be submitted in accordance with any forms and requirements developed by the Department, in consultation with stakeholders. The Department shall make all reports available to the public on its website.