Virginia 2027 Regular Session Status: Passed Senate

SB 296 — County manager plan of government; affordable dwelling unit ordinance.

Last action — Continued from last session

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the Senate. Introduced January 13, 2026. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the House of Delegates.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Stalled 28% · moderate confidence

  • Passed Senate

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

The bill allows counties to enhance local affordable housing efforts under the county manager plan.

This legislation provides counties with more power to manage affordable housing by allowing developers to contribute funds instead of providing affordable units. It also requires the appointment of an advisory board to guide these changes.

What this means for you
  • Families: This may lead to more affordable housing options through increased contributions from developers.

Summary

County manager plan of government; affordable dwelling unit ordinance. Increases local authority over affordable housing for counties that have adopted the county manager plan of government (Arlington County) by (i) potentially increasing the cash contribution to the county's affordable housing fund by developers in lieu of providing affordable dwelling units and (ii) providing that applications for a special exception approval for a change of use of an existing building from commercial to residential may be subject to an affordable housing requirement. The bill directs the governing body of such counties to appoint an advisory board to advise the governing body regarding the appropriate provisions of an ordinance to amend the cash contribution amounts to such county's affordable housing fund. Certain provisions of the bill do not become effective unless reenacted by the 2027 Session of the General Assembly.

Bill Text

What changed in the latest version

115 added · 92 removed

Plain-language change summary

The latest version of Bill SB 296 includes an amendment that clarifies how counties can handle affordable housing requirements in their zoning ordinances. Specifically, it emphasizes that projects with a density of less than 1.0 floor area ratio (FAR) are exempt from these affordable housing contributions, ensuring that smaller developments won't be burdened by the same obligations as larger ones. This change is significant as it aims to promote more balanced growth by preventing smaller projects from facing high housing demands that could stifle development.

→
Previous
Latest
+ 2027 SESSION + INTRODUCED + + + 26104771D I SENATE BILL NO.
+ 2027 SESSION + + SENATE SUBSTITUTE + + 26107556D SENATE BILL NO.
296 Offered January 14, 2026 N A BILL to amend and reenact § 15.2-735.1 of the Code of Virginia, relating to county manager plan of government;
296 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Local Government on February 9, 2026) (Patron Prior to Substitute—Senator Favola) A BILL to amend and reenact § 15.2-735.1 of the Code of Virginia, relating to county manager plan of government;
T ————— R Patrons—Favola;
Be it enacted by the General Assembly of Virginia:
Delegate:
Lopez O ————— D Referred to Committee on Local Government ————— U Be it enacted by the General Assembly of Virginia:
C § 15.2-735.1.
§ 15.2-735.1.
permitting certain densities in the comprehensive E plan.
permitting certain densities in the comprehensive plan.
In a county that provides in its comprehensive plan for the physical development within the county, D adopted pursuant to § 15.2-2223, for densities of development ranging between a floor area ratio (FAR) of 1.0 FAR and 10.0 FAR, or greater, the governing body may adopt as part of its zoning ordinance requirements for the provision of (i) on-site or off-site "Affordable Dwelling Units," as defined herein, or (ii) a cash contribution to the county's affordable housing fund, in lieu of such units, in such amounts commensurate to the value of on-site Affordable Dwelling Units as set out herein, as a condition of the governing body's approval of a special exception application for residential, commercial, or mixed-use projects with a density equal to or greater than 1.0 FAR, or an equivalent density based on units per acre.
In a county that provides in its comprehensive plan for the physical development within the county, adopted pursuant to § 15.2-2223, for densities of development ranging between a floor area ratio (FAR) of S 1.0 FAR and 10.0 FAR, or greater, the governing body may adopt as part of its zoning ordinance E requirements for the provision of (i) on-site or off-site "Affordable Dwelling Units," as defined herein, or (ii) N a cash contribution to the county's affordable housing fund, in lieu of such units, in such amounts commensurate to the value of on-site Affordable Dwelling Units as set out herein, as a condition of the A governing body's approval of a special exception application for residential, commercial, or mixed-use T projects with a density equal to or greater than 1.0 FAR, or an equivalent density based on units per acre.
Residential, commercial, or mixed-use projects with a density less than 1.0 FAR, or an equivalent density based on units per acre, shall be exempt from the requirements of this section and the county's zoning ordinance adopted pursuant to this section.
Residential, commercial, or mixed-use projects with a density less than 1.0 FAR, or an equivalent density E based on units per acre, shall be exempt from the requirements of this section and the county's zoning ordinance adopted pursuant to this section.
The county's zoning ordinance requirements shall provide as B 24 follows:
The county's zoning ordinance requirements shall provide as follows:
6 1.
S 1.
Upon approval of a special exception application approving a residential, commercial, or mixed-use project with a density equal to or greater than 1.0 FAR, or an equivalent density based on units per acre, the applicant shall provide on-site Affordable Dwelling Units as part of the project the total gross square footage of which units shall be 5% of the amount of the gross floor area of the project that exceeds 1.0 FAR or an equivalent density based on units per acre.
Upon approval of a special exception application approving a residential, commercial, or mixed-use U project with a density equal to or greater than 1.0 FAR, or an equivalent density based on units per acre, the applicant shall provide on-site Affordable Dwelling Units as part of the project the total gross square footage of which units shall be 5% of the amount of the gross floor area of the project that exceeds 1.0 FAR or an equivalent density based on units per acre.
For purposes of this section, "applicant" shall mean the person or entity submitting a special exception application for approval of a residential, commercial or mixed-use project in the county and shall include the successors or assigns of the applicant.
For purposes of this section, "applicant" shall mean the person or entity submitting a special exception application for approval of a residential, commercial or mixed-use T project in the county and shall include the successors or assigns of the applicant.
2.
I 2.
As an alternative, upon approval of a special exception application approving a residential, commercial, or mixed-use project with a density equal to or greater than 1.0 FAR, or an equivalent density based on units per acre, the applicant may elect to provide any one of the following:
As an alternative, upon approval of a special exception application approving a residential, commerciaT, or mixed-use project with a density equal to or greater than 1.0 FAR, or an equivalent density based on units per acre, the applicant may elect to provide any one of the following:
35 a.
U a.
Affordable Dwelling Units shall be provided off-site at a location within one-half mile of any Metrorail 36 Station for projects within a Metro Station Area as defined in the county's comprehensive plan, or within one- 37 half mile of the residential, commercial, or mixed-use project for projects not within a Metro Station Area, as 38 provided in the county's zoning ordinance, the total gross square footage of which units shall be 7.5% of the 39 amount of the gross floor area of the project that is over 1.0 FAR or an equivalent density based on units per acre, or b.
Affordable Dwelling Units shall be provided off-site at a location within one-half mile of any MetroraTl Station for projects within a Metro Station Area as defined in the county's comprehensive plan, or within one- :
36 half mile of the residential, commercial, or mixed-use project for projects not within a Metro Station Area,Eas 37 provided in the county's zoning ordinance, the total gross square footage of which units shall be 7.5% of the 38 amount of the gross floor area of the project that is over 1.0 FAR or an equivalent density based on units per 39 acre, or 40 b.
(1) One and one-half dollars No less than $1.50 per square foot of gross floor area for the first tier of density between zero and 1.0 FAR, or an equivalent density based on units per acre.
(1) One and one-half dollars No less than $2.44, but not to exceed $4.88, per square foot of gross floor B area for the first tier of density between zero and 1.0 FAR, or an equivalent density based on units per acre2 (2) Four dollars No less than $6.54, but not to exceed $13.08, per square foot of gross floor area for the6 tier of density in residential projects between 1.0 FAR and 3.0 FAR, or an equivalent density based on units 1 per acre, and $4 no less than $6.54, but not exceed $13.08, per square foot of gross floor area for the tier of density in commercial projects above 1.0 FAR.
(2) Four dollars No less than $4 per square foot of gross floor area for the tier of density in residential projects between 1.0 FAR and 3.0 FAR, or an equivalent density based on units per acre, and $4 no less than $4 per square foot of gross floor area for the tier of density in commercial projects above 1.0 FAR.
(3) Eight dollars No less than $13.08, but not to exceed $26.22, per square foot of gross floor area for the tier of density in residential projects above 3.0 FAR, or an equivalent density based on units per acre.
(3) Eight dollars No less than $8 per square foot of gross floor area for the tier of density in residential projects above 3.0 FAR, or an equivalent density based on units per acre.
SB296 2 of 2 The cash contribution shall be indexed to the Consumer Price Index for Housing in the Washington- Baltimore MSA as published by the Bureau of Labor Statistics and shall be adjusted annually based upon the January changes to such index for that year.
The cash contribution shall be indexed to the Consumer Price Index for Housing in the Washington- SB296S1 2 of 3 Baltimore MSA as published by the Bureau of Labor Statistics and shall be adjusted annually based upon the January changes to such index for that year.
Prior to amending the zoning ordinance pursuant to this section, the governing body may appoint an advisory board to advise the governing body with regard to the appropriate provisions of the ordinance.
Prior to amending the zoning ordinance pursuant to this section, the governing body shall appoint an advisory board to advise the governing body with regard to the appropriate provisions of the ordinance.
This section and the county's zoning ordinance adopted pursuant to this section shall not apply to rehabilitation or renovation of existing residential, commercial, or mixed-use projects, provided that there is no change in use.
This section and the county's zoning ordinance adopted pursuant to this section shall not apply to rehabilitation or renovation of existing residential, commercial, or mixed-use projects.
Applications for a special exception approval for a change of use of an existing building from commercial to residential may be subject to an affordable housing requirement.
2.
That the governing body of any county with the county manager plan of government shall appoint an advisory board to advise the governing body regarding the appropriate provisions of an ordinance to amend the cash contribution amounts to such county's affordable housing fund.
Members of the advisory board shall only consist of an equal number of representatives of the real estate development industry, representatives of the local housing commission, and representatives of the local planning of 3 123.
That the provisions of the first enactment of this act shall not become effective unless reenacted by 12the 2027 Session of the General Assembly.
S E N A T E S U B S T I T T E S 1
⬇ Download PDF
View plain text versions (2)

How this bill changes current law

8 changes Share ↗

Compared against the Code of Virginia as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the Code of Virginia: 15.2-735.1.

  • 15.2-735.1

    commensurate to the value of on-site Affordable Dwelling Units

    Inserts “commensurate to the value of on-site Affordable Dwelling Units”.

  • 15.2-735.1

    , which → shall be indexed to the Consumer Price Index for Housing in the Washington-Arlington-Alexandria Metropolitan Statistical Area (MSA) as published by the Bureau of Labor Statistics and shall be adjusted annually based upon the January changes to such index for that year. A cash

    Replaces “, which” with “shall be indexed to the Consumer Price Index for Housing in the Washington-Arlington-Alexandria Metropolitan Statistical Area (MSA) as published by the Bureau of Labor Statistics and shall be adjusted annually based upon the January changes to such index for that year. A cash”.

  • 15.2-735.1

    One and one-half dollars → No less than $1.50

    Replaces “One and one-half dollars” with “No less than $1.50”.

  • 15.2-735.1

    Four dollars → No less than $4

    Replaces “Four dollars” with “No less than $4”.

  • 15.2-735.1

    $4 → no less than $4

    Replaces “$4” with “no less than $4”.

  • 15.2-735.1

    Eight dollars → No less than $8

    Replaces “Eight dollars” with “No less than $8”.

  • 15.2-735.1

    The cash contribution shall be indexed to the Consumer Price Index for Housing in the Washington-Baltimore MSA as published by the Bureau of Labor Statistics and shall be adjusted annually based upon the January changes to such index for that year. → The county may amend the cash contribution amounts in the zoning ordinance using a formula based on the gross floor area of the project. Prior to amending the zoning ordinance pursuant to this section, the governing body may appoint an advisory board to advise the governing body with regard to the appropriate provisions of the ordinance. Such zoning ordinance amendments shall not apply to special exception projects that have been accepted pursuant to the county manager's administrative regulations on the date of adoption of such amendments.

    Replaces “The cash contribution shall be indexed to the Consumer Price Index for Housing in the Washington-Baltimore MSA as published by the Bureau of Labor Statistics and shall be adjusted annually based upon the January changes to such index for that year.” with “The county may amend the cash contribution amounts in the zoning ordinance using a formula based on the gross floor area of the project. Prior to amending the zoning ordinance pursuant to this section, the governing body may appoint an advisory board to advise the governing body with regard to the appropriate provisions of the ordinance. Such zoning ordinance amendments shall not apply to special exception projects that have been accepted pursuant to the county manager's administrative regulations on the date of adoption of such amendments.”.

  • 15.2-735.1

    , provided that there is no change in use. Applications for a special exception approval for a change of use of an existing building from commercial to residential may be subject to an affordable housing requirement

    Inserts “, provided that there is no change in use. Applications for a special exception approval for a change of use of an existing building from commercial to residential may be subject to an affordable housing requirement”.

Action History

  1. Continued from last session

  2. Continued to next session in Counties, Cities and Towns (Voice Vote)

  3. Subcommittee recommends continuing to (Voice Vote)

  4. Assigned HCCT sub: Subcommittee #3

  5. Referred to Committee on Counties, Cities and Towns

  6. Read first time

  7. Placed on Calendar

  8. Read third time and passed Senate (22-Y 18-N 0-A)

  9. Engrossed by Senate - committee substitute (Voice Vote)

  10. Local Government Substitute agreed to

  11. Read second time

  12. Passed by for the day Block Vote (Voice Vote)

  13. Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)

  14. Rules suspended

  15. Committee substitute printed 26107556D-S1

  16. Reported from Local Government with substitute (10-Y 4-N 1-A)

  17. Senate committee offered

  18. Referred to Committee on Local Government

  19. Prefiled and ordered printed; Offered 01-14-2026 26104771D

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 146 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 296 do?
County manager plan of government; affordable dwelling unit ordinance. Increases local authority over affordable housing for counties that have adopted the county manager plan of government (Arlington County) by (i) potentially increasing the cash contribution to the county's affordable housing fund by developers in lieu of providing affordable dwelling units and (ii) providing that applications for a special exception approval for a change of use of an existing building from commercial to residential may be subject to an affordable housing requirement. The bill directs the governing body of such counties to appoint an advisory board to advise the governing body regarding the appropriate provisions of an ordinance to amend the cash contribution amounts to such county's affordable housing fund. Certain provisions of the bill do not become effective unless reenacted by the 2027 Session of the General Assembly.
Who sponsors SB 296?
SB 296 is sponsored by Alfonso H. Lopez and Barbara A. Favola.
What is the current status of SB 296?
This bill has passed the Senate. Introduced January 13, 2026. It now moves to the second chamber.
Where can I track SB 296?
Track SB 296 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 296

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 296

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →