A new Virginia State statute governing what proffers local governments may and may not require of residential developers is set to become effective July 01, 2016. The bill injects a significant amount of legal uncertainty into the proffer process and is highly likely to make the proffer negotiation process even more difficult to navigate as parties attempt to discern the legal significance of the new statute. Fortunately, the statute includes a grandfather clause, meaning it will not apply to any rezoning applications filed prior to July 01, 2016. McGuireWoods has confirmed with Fairfax County staff that they will not be applying the statute’s rules to such applications.