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Town attorney briefs Herndon council on 2026 General Assembly bills affecting housing, zoning and local procedures
Summary
Town Attorney Lisa Yates summarized key 2026 General Assembly outcomes: a charter bill the council requested passed, permissive and mandatory housing/zoning tools (including SB 74 and HB 888) that will require local ordinances to implement in some cases, a FOIA agenda‑posting change effective July 1, 2026, and state labor law changes with later effective dates; staff will prepare ordinances where required.
Town Attorney Lisa Yates delivered the annual legislative report to Herndon councilors, outlining enacted and pending bills from the 2026 Virginia General Assembly that local officials should track and, where necessary, implement through ordinances.
Yates began by noting the council‑requested charter bill "was approved by the General Assembly," updating the town charter to clarify town‑manager duties, remove obsolete references and give greater contracting flexibility. "The charter bill was approved by the General Assembly," Yates said, adding no further action is required for that item.
Housing and zoning: Yates highlighted several bills that offer new tools for localities. She said Senate Bill 74 authorizes a permissive Affordable Housing Dwelling Unit program that localities may adopt by ordinance (delayed effective date July 1, 2027), and SB 388 and HB 594 create administrative approval pathways for certain affordable‑housing projects on tax‑exempt or qualifying properties. "This allows, now, every locality… it's permissive," Yates said of the affordable‑housing enabling bill.
Other notable items Yates flagged: House Bill 888 limits minimum off‑street parking requirements within a half‑mile of transit stations (affecting projects like the Exchange Place site) and will require the town to provide an administrative reduction in some cases; SB 699 (a FOIA amendment) will require public bodies to post proposed agendas on official websites before meetings (effective July 1, 2026) and restrict final action on items added after a meeting begins unless time sensitive or properly identified in a closed‑session motion; and the state minimum wage schedule to $15 by Jan. 1, 2028, plus a state‑administered paid family and medical leave program have later implementation dates that will affect town budgeting and payroll.
Yates also reviewed bills related to trees and the environment (expanded authority to plant or replace trees during development), parking‑enforcement authority changes, and a plastic‑bag tax distribution mechanism that could provide revenues to towns if Fairfax County adopts such a tax; she said staff will coordinate with Fairfax County on that item. On potentially contentious items, Yates said some measures were vetoed or remain pending action by the governor (for example, casino authorization for Fairfax County was vetoed and the governor had yet to act on certain collective‑bargaining and cannabis amendments as of the report).
Next steps: Yates said staff will continue reviewing enacted legislation, prepare required ordinances and policy updates for council consideration, and bring permissive options to work sessions in a prioritized schedule. "Staff will review enacted legislation and prepare ordinances and policy updates; any required changes will be brought forward to council," she said.
Councilors asked for follow‑up on several items—including revenue projections for retail cannabis— and requested staff return with more detail and recommended prioritization of ordinance work.
