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2019 SESSION

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Senate Committee on Finance

Co-Chair: Thomas K. Norment, Jr. - Co-Chair: Emmett W. Hanger, Jr.

Clerk: John Garrett
Staff: Lisa Wallmeyer
Date of Meeting: January 29, 2019
Time and Place: 9:00 AM Tuesday Shared Committee Room B

S.B. 1015 Education Improvement Scholarships tax credits; pre-kindergarten eligibility.

Patron: Stanley

Education Improvement Scholarships tax credits; pre-kindergarten eligibility. Expands the Education Improvement Scholarships tax credits program by including, as eligible scholarship recipients, children enrolled in or attending nonpublic pre-kindergarten programs. The maximum annual scholarship that a child admitted to, enrolled in, or attending a nonpublic pre-kindergarten program will receive is the lesser of the child's actual educational expenses or the state's share of the grant per child under the Virginia Preschool Initiative for the locality in which the child resides.

Under current law, tax credits are awarded to individuals and businesses making donations to nonprofit scholarship foundations using the donated funds to award scholarships to certain students in grades K-12 attending nonpublic schools. Eligible scholarship recipients are students in grades K-12 with a finalized individualized education program (IEP) in place or whose annual household income is not in excess of 300 percent of the federal poverty guidelines.

The bill defines an eligible pre-kindergarten child and a nonpublic pre-kindergarten program and includes several other curriculum and administrative requirements that must be met by a nonpublic pre-kindergarten program in order for children attending the program to be eligible to receive scholarships under the tax credit program. Under the bill, the Virginia Council for Private Education or the Virginia Early Childhood Foundation will certify nonpublic pre-kindergarten programs meeting such curriculum and administrative requirements.

The bill also reduces the penalty for failure to fully disburse all donations received from 200 percent of the difference between 90 percent of the value of the donations it received and the amount disbursed to 100 percent of the difference.

S.B. 1032 Virginia Law Officers' Retirement System; retirement age.

Patron: Stanley

Virginia Law Officers' Retirement System; retirement age. Changes the age through which a retired law-enforcement officer covered under the Virginia Law Officers' Retirement System is entitled to receive an additional retirement allowance from the law-enforcement officer's sixty-fifth birthday to retirement age as defined by the Social Security Act. This change aligns the additional allowance with that currently provided under the State Police Officers' Retirement System.

S.B. 1071 Central Virginia Training Center; closure prohibited.

Patron: Peake

Closure of the Central Virginia Training Center prohibited. Provides that the Central Virginia Training Center shall not be closed and shall instead remain open.

S.B. 1072 Training center; definition.

Patron: Peake

Training center; definition. Defines "training center" as a regional facility operated by the Department of Behavioral Health and Developmental Services that is certified by the Centers for Medicare and Medicaid Services (CMS) as an intermediate care facility for individuals with intellectual disability (ICF/IID). The bill provides that ICF/IID certification does not preclude additional CMS certifications as appropriate.

S.B. 1095 Early childhood care and education; establishment, licensure.

Patron: Howell


Early childhood care and education; licensing. Requires the Board of Education to establish a statewide unified public-private system for early childhood care and education in the Commonwealth to be administered by the Board of Education, the Superintendent of Public Instruction, and the Department of Education. The bill transfers the authority to license and regulate child day programs and other early child care agencies from the Board of Social Services and Department of Social Services to the Board of Education and the Department of Education. The bill maintains current licensure, background check, and other requirements of such programs. The bill establishes the Early Childhood Innovation Fund for the purpose of facilitating regional public-private collaboration and to field test innovative strategies and evidence-based practices that support a robust system of comprehensive early childhood care and education services to deliver measurable school readiness outcomes and meet regional workforce support needs. Such provisions of the bill have a delayed effective date of July 1, 2021.

The bill requires the Superintendent of Public Instruction to establish a plan for implementing the statewide unified early childhood care and education system and requires the Department of Social Services and the Department of Education to enter into a cooperative agreement to coordinate the transition. The bill provides that, beginning July 1, 2021, the Department of Education will be the lead agency for the administration of the Child Care and Development Block Grant and the Head Start Collaboration Office. Finally, the bill requires the Board of Education and the Board of Social Services to promulgate regulations to implement the provisions of the bill to become effective on July 1, 2021.

S.B. 1104 Community policy and management teams; use of funds.

Patron: Peake

Community policy and management teams; use of funds. Provides that the state pool of funds for community policy and management teams may be used for residential or nonresidential services in a public school setting and to provide services to children placed in public residential facilities or public special education day schools in addition to such private facilities and private special education day schools as provided in current law.

S.B. 1122 Virginia Retirement System; health insurance credits for retired state employees.

Patron: Ruff

Virginia Retirement System; health insurance credits for retired state employees. Increases annually the amount of the health insurance credit for retirees who rendered at least 30 years of creditable service in the Virginia Retirement System. The bill increases the credit by the same percentage as any annual post-retirement supplement that is calculated for employees hired on or after July 1, 2010.

S.B. 1126 Lottery Board; regulation of casino gaming, penalties.

Patron: Lucas


Lottery Board; regulation of casino gaming; penalties. Authorizes casino gaming in the Commonwealth to be regulated by the Virginia Lottery Board (the Board). The bill specifies the licensing requirements for casino gaming and imposes criminal and civil penalties for violations of the casino gaming law. Casino gaming shall be limited to any city in which at least 40 percent of the land area is exempt from local real property taxation pursuant to federal law or specified sections of the Constitution of Virginia or any city that had a rate of unemployment at least four percentage points higher than the statewide average, a poverty rate of at least 22 percent, and a population decrease in the locality of at least 20 percent from the previous year, all computed as of November 2017, and located adjacent to a state that has adopted a Border Region Retail Tourism Development District Act. The bill imposes a tax of 10 percent on the adjusted gross receipts of licensees and provides for how the tax proceeds are disbursed. In addition, a referendum must be passed in the city on the question of allowing casino gaming in the city. The bill requires the Board to establish and implement a voluntary exclusion program allowing individuals to voluntarily list themselves as being barred from entering a casino gaming establishment or other facility under the jurisdiction of the Board. The bill also establishes the Problem Gambling Treatment and Support Fund administered by the Commissioner of Behavioral Health and Developmental Services to provide counseling and other support services for compulsive and problem gamblers, develop problem gambling treatment and prevention programs, and provide grants to support organizations that provide assistance to compulsive gamblers.

 

S.B. 1129 Food stamps; eligibility, drug-related felonies.

Patron: Locke

Eligibility for food stamps; drug-related felonies. Provides that a person who is otherwise eligible to receive food stamp benefits shall not be denied such assistance solely because he has been convicted of a drug-related felony. Under current law, such individuals may not be denied food stamp benefits based on a felony conviction of possession of a controlled substance, provided that such person is complying with, or has already complied with, all obligations imposed by the criminal court, is actively engaged in or has completed a substance abuse treatment program, participates in periodic drug screenings, and fulfills any other obligations as determined by the Department of Social Services.

S.B. 1145 Virginia Initiative for Employment Not Welfare (VIEW); transitional child care.

Patron: Favola

Virginia Initiative for Employment Not Welfare (VIEW); transitional child care. Allows VIEW participants whose Temporary Assistance for Needy Families financial assistance is terminated to receive child care assistance for up to 12 months after termination if the individual is enrolled in an accredited public institution of higher education or other postsecondary school licensed or certified by the Board of Education or the State Council of Higher Education for Virginia and is taking courses as part of a curriculum that leads to a postsecondary credential, such as a degree or an industry-recognized credential, certification, or license. Under current law, such child care assistance is only available if it enables the individual to work.

S.B. 1160 Income tax credits related to education; neighborhood organizations.

Patron: Ruff

Income tax credits related to education. Makes changes to the Neighborhood Assistance Act tax credit program, as it relates to educational services, and the Education Improvement Scholarships tax credit program. The bill provides that in making an allocation of credits to neighborhood organizations under the neighborhood assistance program, the Superintendent of Public Instruction shall consider the portion of the organization's total revenues used to support low-income persons and qualified students with disabilities, not just the amount of credits that an organization received for the prior year. The bill also allows certain neighborhood organizations that provide scholastic assistance services, defined as scholastic assistance organizations, to be eligible to receive an allocation of education improvement scholarship tax credits and establishes guidelines for receiving such an allocation. The bill contains technical amendments.

S.B. 1216 All-Payer Claims Database; participation by certain insurance.

Patron: Newman

All-Payer Claims Database. Provides that participation in the All-Payer Claims Database by (i) issuers of individual or group accident and sickness insurance policies providing hospital, medical and surgical, or major medical coverage on an expense-incurred basis; corporations providing individual or group accident and sickness subscription contracts; and health maintenance organizations providing a health care plan for health care services; (ii) third-party administrators and any other entities that receive or collect charges, contributions, or premiums for, or adjust or settle health care claims for, Virginia residents; (iii) the Department of Medical Assistance Services with respect to services provided under programs administered pursuant to Titles XIX and XXI of the Social Security Act; and (iv) federal health insurance plans, if available, including but not limited to Medicare, TRICARE, and the Federal Employees Health Benefits Plan, shall be mandatory, to the extent permitted by federal law. Currently, participation is optional.

S.B. 1221 Telemedicine services; coverage and practice.

Patron: Chafin


Telemedicine services; coverage and practice. Requires insurers, corporations, or health maintenance organizations to cover remote patient monitoring services as part of their coverage of telemedicine services to the full extent that these services are available. The bill defines remote patient monitoring services as the delivery of home health services using telecommunications technology to enhance the delivery of home health care, including monitoring of clinical patient data such as weight, blood pressure, pulse, pulse oximetry, blood glucose, and other condition-specific data; medication adherence monitoring; and interactive video conferencing with or without digital image upload.

The bill requires the Board of Medical Assistance Services to include in the state plan for medical assistance services a provision for the payment of medical assistance for health care services provided through telemedicine services, including remote monitoring services and the use of telemedicine technologies as it pertains to remote patient monitoring services, to the full extent that these services are available.

The bill provides that provisions of the Code of Virginia regulating health professions regulated by the Board of Medicine do not prevent or prohibit any practitioner of one of such professions who is located in another state and is in good standing with the applicable regulatory agency in such state from providing telemedicine services within the scope of his practice to a patient located in Virginia.

Finally, the bill provides that in cases in which a practitioner of the healing arts is providing telemedicine services, such practice is deemed to occur where the practitioner is located at the time of provision.

S.B. 1253 Foster care; security freeze on credit report.

Patron: Reeves

Foster care; security freeze on credit report. Requires local departments of social services to request the placement of a security freeze on the credit report or record of any child who has been in foster care for at least six months in order to prevent cases of identity theft and misuse of personal identifying information. The bill directs local departments to request the removal of such security freezes upon the child's removal from foster care. The bill allows local departments, with the child's consent, to request the removal of a security freeze placed on the credit report or record of a child who continues to receive foster care or independent living services beyond his eighteenth birthday; however, in such instances, the local department is required to conduct annual credit checks on the child.

S.B. 1257 Child abuse and neglect; mandatory reporters.

Patron: Vogel

Child abuse and neglect; mandatory reporters. Adds to the list of persons who are required to report suspected child abuse or neglect ministers, priests, rabbis, imams, and duly accredited practitioners of any religious organization or denomination usually referred to as a church; however, the bill exempts such clergy members from the mandatory reporting requirement when the information supporting the suspicion of child abuse or neglect (i) is required by the doctrine of the religious organization or denomination to be kept confidential or (ii) would be subject to the exemptions set forth in § 8.01-400 or 19.2-271.3 if offered as evidence in court.

S.B. 1268 Gas or oil drilling units; escrowed proceeds, Coalfield Region Elderly Assistance Fund.

Patron: Chafin

Gas or oil drilling units; escrowed proceeds; Coalfield Region Elderly Assistance Fund; Coalfield Region Tourism Fund. Provides that proceeds of certain gas or oil wells, escrowed because the owner's identity and location remain unknown, shall be presumed abandoned and paid into the Coalbed Region Elderly Assistance Fund (the Elderly Fund), established by the bill. The bill directs the Virginia Gas and Oil Board to make grants to nonprofit organizations for the support of elderly residents of the region. Current law requires such escrowed proceeds to be disposed of pursuant to the Uniform Disposition of Unclaimed Property Act.

The bill also provides that certain escrowed proceeds, due to known and locatable claimants of coalbed methane gas wells that were force-pooled prior to July 1, 2015, shall be deemed abandoned and made available to the Coalfield Region Tourism Fund (the Tourism Fund), also established by the bill, when one year has passed since the last provision of notice to such claimant and certain other conditions are met. The bill provides that all moneys in the Tourism Fund in excess of a minimum balance of $500,000 shall be disbursed equally to the Southwest Regional Recreation Authority and the Heart of Appalachia Tourism Authority.

S.B. 1286 Persons with disabilities; auxiliary grants, supportive housing.

Patron: Barker

Persons with disabilities; auxiliary grants; supportive housing. Clarifies language surrounding receipt of auxiliary grants by individuals living in supportive housing and increases the maximum number of auxiliary grant recipients in supportive housing from 60 to 120.

S.B. 1322 Motor fuels; levy of tax in Interstate 81 Corridor.

Patron: Hanger

Tax on motor fuels. Imposes an additional 2.1 percent tax on motor fuels sold at wholesale to a retail dealer for sale in a locality along the Interstate 81 Corridor. The revenues from the tax would be deposited into an Interstate 81 Corridor Improvement Fund, to be used by the Commonwealth Transportation Board to fund improvements along the corridor or to support debt to fund such improvements.

S.B. 1329 Major information technology project procurement; terms and conditions, etc.

Patron: Ruff

Major information technology project procurement; terms and conditions; limitation of liability provisions. Requires, in any contract for a major information technology project, terms and conditions relating to the indemnification obligations and liability of a contractor to be reasonable and to not exceed in aggregate twice the value of the contract. The bill also provides that there shall be no limitation on the liability of a contractor for (i) any intentional or willful misconduct, fraud, or recklessness of a supplier or any employee of a supplier or (ii) claims for bodily injury, including death, and damage to real property or tangible personal property resulting from the negligence of a supplier or any employee of a supplier.

S.B. 1332 Virginia Retirement System; health insurance credits for retired state employees.

Patron: Ruff

Virginia Retirement System; health insurance credits for retired state employees. Increases annually the amount of the health insurance credit for (i) retirees who rendered at least 30 years of creditable service in the Virginia Retirement System and (ii) employees and retirees who are receiving state disability benefits. The bill increases the credit by the same percentage as any annual post-retirement supplement that is calculated for employees hired on or after July 1, 2010.

S.B. 1339 Foster care; numerous changes to laws governing provision of services in the Commonwealth.

Patron: Reeves


Foster care omnibus. Makes numerous changes to the laws governing the provision of foster care services in the Commonwealth. Among other things, the bill (i) allows the Commissioner of Social Services to develop and implement a corrective action plan for or assume temporary control over the foster care services of a local board of social services upon determining that the local board (a) has failed to provide foster care services or make placement and removal decisions in accordance with applicable laws or regulations or (b) has taken any action that poses a substantial risk to the health, safety, or well-being of any child under its supervision and control; (ii) requires the Commissioner to create within the State Department of Social Services (the Department) a foster care health and safety director position; (iii) directs the Commissioner to establish and maintain a confidential hotline to receive reports and complaints from foster parents and other persons regarding violations of laws or regulations applicable to foster care and any other matters related to the health, safety, or well-being of children in foster care; (iv) directs the Department to develop and implement a more reliable, structured, and comprehensive case review and quality improvement process to monitor and improve foster care services provided by local boards and departments of social services; and (v) requires the Department to establish and update annually a caseload standard that limits the number of foster care cases that may be assigned to each foster care caseworker.

S.B. 1352 Medicaid Fiscal Oversight and Accountability, Office of; created, report.

Patron: McDougle

Office of Medicaid Fiscal Oversight and Accountability. Creates as an independent state agency the Office of Medicaid Fiscal Oversight and Accountability and charges the agency with the preparation of the Official Medicaid Forecast for the state, monthly oversight of Medicaid expenditures, review of the fiscal impact of policy changes, and other oversight and accountability responsibilities. The Director of the Office of Medicaid Fiscal Oversight and Accountability will be appointed by the Governor, subject to confirmation by the General Assembly.

S.B. 1365 Education Improvement Scholarships tax credits; benefits and eligibility requirements.

Patron: DeSteph


Education Improvement Scholarships tax credits; benefits and eligibility requirements; eligible students with a disability. Increases the scholarship amount available for an eligible student with a disability from 100 percent to 300 percent of the per pupil amount distributed to the local school division as the state's share of the standards of quality costs, or the actual qualified educational expenses of the student, whichever is less. The bill broadens the definition of "eligible student with a disability" to include any child who is a resident of Virginia for whom an Individualized Education Plan (IEP) has been written and finalized in accordance with the federal Individuals with Disabilities Education Act (IDEA). In addition, the family household income of the eligible student with a disability who is receiving the scholarship must not exceed 400 percent of the federal poverty level.

The bill also provides that an eligible student with a disability may only receive the increased amount of scholarship funds if they attend a school for students with disabilities that (i) is licensed by the Department of Education to serve students with disabilities, (ii) complies with the nonpublic school accreditation requirements of the Virginia Association of Independent Schools, (iii) is exempt from taxation under § 501(c)(3) of the Internal Revenue Code, and (iv) does not receive public funds to supplement the cost of the education of the eligible student with a disability who is receiving the scholarship.

 

S.B. 1376 Small businesses; parental leave tax credit.

Patron: Favola


Small business parental leave tax credit. Creates an income tax credit for taxable year 2021 for a portion of the salary or wages paid by small businesses to full-time employees while on leave for the birth or adoption of a child. The credit equals 65 percent of the first $8,333 in salary and wages paid by the small business to an employee while on parental leave, which must be leave taken that is separate from any paid vacation, sick, or other paid leave.

The bill provides that small businesses must allow full-time employees to take at least eight workweeks of paid parental leave. The salary or wages paid for each week of parental leave must be at least 80 percent of the employee's weekly salary or wages immediately prior to the employee taking leave. In no case will credit be allowed subsequent to 12 workweeks of parental leave.

Eligible small businesses must (i) have been operating for at least two full fiscal years immediately prior to the relevant taxable year; (ii) be at least 51 percent independently owned and controlled by one or more individuals who are U.S. citizens or legal residents; (iii) have, together with affiliates, fewer than 50 full-time employees for the relevant taxable year; and (iv) have both management and daily business operations under the control of one or more individual owners. The bill defines full-time employees as employees in a job of indefinite duration that requires a minimum of 35 hours per week for at least 48 weeks during the calendar year or a minimum of 1,680 hours during the calendar year.

The bill provides that small businesses apply for credit from the Department of Taxation, the administering agency for the credit program. The Department will consider complete applications on a first-come, first-served basis and issue credits accordingly. The Department may issue up to $5.5 million in tax credits each fiscal year. Any unused credit may be carried forward by the small business for seven taxable years following the taxable year for which the credit was issued.

The credit expires beginning with taxable year 2022.

 

 

S.B. 1384 Virginia Retirement System; increased retirement allowance for judges.

Patron: McDougle

Virginia Retirement System; increased retirement allowance for judges. Increases by five percent the retirement allowance for judges for service earned on and after their fifty-fifth birthday. The bill provides that the increase applies only to judges who retire on or after July 1, 2019.

S.B. 1413 Oyster planting grounds; lease assignments.

Patron: Mason

Oyster planting grounds; lease assignments. Authorizes the Commissioner of Marine Resources (the Commissioner) to decide which area within a riparian owner's waters shall be assigned for planting oysters and removes the $1.50 fee of such assignment. Under current law, such decision is made by the riparian owner. The bill changes various provisions related to oyster-planting grounds, including (i) increasing the application fee for an assignment of general or riparian oyster-planting grounds, (ii) authorizing the Commissioner to consider the public benefits of shellfish aquaculture or whether a transfer or renewal of an oyster-planting lease is in the public interest when determining whether to allow such transfer or renewal of an assignment, (iii) directing the Marine Resources Commission to adopt regulations related to license renewal fees, and (iv) increasing the application fee for a transfer of an oyster-planting lease. The bill contains an emergency clause.

EMERGENCY

S.B. 1470 Motor fuels; imposes an additional tax on sale of gasoline, etc.

Patron: Edwards

Additional motor fuels tax. Imposes an additional motor fuels tax equal to five percent of the average wholesale price of gasoline on the sale of gasoline, gasohol, diesel, and alternative fuels. $300 million of the new revenues would be reserved for improvements to Interstate 81, and the remainder would be distributed pursuant to existing allocation formulas for statewide transportation needs.

S.B. 1471 Computation of composite index; land-use assessment value.

Patron: Hanger

Education; computation of composite index; land-use assessment value. Requires the General Assembly to modify the current standards of quality funding formula and the calculation of composite index of local ability to pay to incorporate within the real estate indicator of local wealth the land-use assessment value for those properties located within a land-use plan.

S.B. 1496 Income tax; state; credit for solar energy equipment.

Patron: Saslaw

Income tax credit; solar energy equipment. Creates a nonrefundable tax credit for the purchase and installation of solar energy equipment in certain nonresidential areas for taxable years beginning on and after January 1, 2019, but before January 1, 2024. The tax credit is capped at $100,000 per individual or 35 percent of the installed cost of the system, whichever is less. The aggregate amount of credits that can be issued in a fiscal year is capped at $10 million.

S.B. 1505 Highways, bridges, interchanges, and other transportation facilities; naming, cost of signage.

Patron: Carrico

Naming highways, bridges, interchanges, and other transportation facilities; cost of signage. Provides that for highways, bridges, interchanges, and other transportation facilities named after a state official killed during the performance of his official duties, including State Police officers and state highway transportation workers, the Commonwealth shall pay for the costs of producing, placing, and maintaining naming signage. Current law requires the locality in which the highway, bridge, interchange, or other transportation facility is located to pay these costs.

S.B. 1509 Southwestern Virginia Training Center; disposition of property in Carroll County.

Patron: Carrico

Disposition of property in Carroll County; Southwestern Virginia Training Center. Provides that the Department of Behavioral Health and Developmental Services (DBHDS) shall not convey, sell, or otherwise dispose of certain real property located in Carroll County on which the former Southwestern Virginia Training Center was situated. The bill directs DBHDS to work with representatives of Carroll and Grayson Counties and the City of Galax, as well as other stakeholders, to develop a plan for the conveyance, sale, or other disposition of the property for the purpose of housing children requiring foster care or as a juvenile residential treatment facility. The bill provides that the prohibition on such disposition expires on July 1, 2021; however, any subsequent disposition is subject to approval by the General Assembly.

S.B. 1515 Property conveyance; authorizes DBHDS to transfer certain property.

Patron: Carrico

Property conveyance; Department of Behavioral Health and Developmental Services. Authorizes the Department of Behavioral Health and Developmental Services to transfer a portion of property previously used as the Southwestern Virginia Mental Health Institute to the Mount Rogers Community Services Board and a portion of such property currently being leased to Smyth County to the County.

S.B. 1523 Workforce Development, Secretary of; created.

Patron: Ruff

Governor's secretaries; Secretary of Workforce Development created. Creates in the Governor's cabinet the position of Secretary of Workforce Development (the Secretary). The bill removes the position of Chief Workforce Development Advisor and reassigns that position's responsibilities to the Secretary.

S.B. 1532 High school STEM internship; tax credit, report.

Patron: Sturtevant

High school STEM internship tax credit; report. Creates a tax credit for a business that hosts a junior or senior in a Richmond City Schools high school as an intern in a STEM or high-demand field for a semester during the 2019-2020 or 2020-2021 academic year. The business would receive a $2,500 credit per student per semester. Participation in the program is limited to 25 students. The bill requires the Superintendent of Richmond Public Schools to submit an annual report regarding various metrics of the program.

S.B. 1533 Coal combustion residuals; Chesapeake Bay watershed; closure.

Patron: Surovell


Coal combustion residuals; Chesapeake Bay watershed; closure. Requires the owner or operator of any coal combustion residuals (CCR) unit, defined in the bill to include a coal ash pond or landfill, that is located in the Chesapeake Bay watershed to close such CCR unit by removing all of the CCR for (i) recycling, known as encapsulated beneficial use, or (ii) deposition in a permitted and lined landfill that meets certain federal standards. Any owner or operator that disposes of CCR in such a landfill is required to explain why recycling is not economically feasible. Such a closure project shall be completed within 15 years of its initiation and shall be accompanied by water testing or a connection to a municipal water supply for every residence within one-half mile.

The bill provides that if the owner or operator moves CCR off-site, it shall use rail transportation to the maximum extent practicable and shall develop and make publicly available a transportation plan for any truck transportation that minimizes the effects on adjacent property owners and surrounding communities. The bill requires the owner or operator of a CCR unit to accept and review on an ongoing basis sufficiently detailed proposals to beneficially reuse any CCR that are not already subject to a removal contract. The bill requires that any entity conducting the closure work, to the maximum extent practicable, utilize local labor and ensure that the work is performed by responsible contractors that pay workers fair wages and benefits.

The bill requires the CCR unit owner or operator to submit two annual reports beginning October 1, 2019, and continuing until closure of all of its CCR units is complete. One report describes closure plans, progress, water monitoring results, and other aspects of the closure process; the other report contains the beneficial reuse proposals that the owner or operator has received and its analysis of such proposals.

S.B. 1574 Revenue sharing; gaming in the Commonwealth.

Patron: Norment

Revenue sharing; gaming in the Commonwealth. Creates a revenue sharing program, if gaming is authorized in the Commonwealth, that would require the owner or operator of any gaming establishment to share 40 percent of its adjusted gross receipts with the Commonwealth. The revenues would be distributed as follows: 40 percent would be used to support higher education affordability initiatives, forty percent would be used to support elementary and primary school construction, and twenty percent would be used to supporting the marketing and promotion of Virginia tourism destinations.

S.B. 1608 Virginia Fusion Intelligence Center; school safety mobile application.

Patron: Dunnavant

Virginia Fusion Intelligence Center; school safety mobile application. Requires the Virginia Fusion Intelligence Center (the Center) to develop or obtain a school safety mobile application to (i) facilitate the provision of real-time, 24 hours a day, seven days a week crisis intervention services by licensed clinicians, including support or crisis counseling, suicide prevention, and referral services to students and youth in the Commonwealth through calls, texts, and online chats and (ii) provide to students and youth in the Commonwealth a platform that is capable of receiving text, audio, images, or video to furnish information concerning a suspected, anticipated, or completed criminal violation. The Center shall coordinate with the Department of Medical Assistance Services to contract with a third-party to provide such crisis intervention services.

S.B. 1652 Virginia port volume increase tax credit; transfer of credits.

Patron: Lucas

Virginia port volume increase tax credit; transfer of credits. Allows a taxpayer granted Virginia port volume increase tax credits to transfer unused credits to another taxpayer. The tax credit may be applied retroactively by the transferee to the date that the credits were originally issued.

S.B. 1656 Income tax credits; housing choice vouchers, eligible housing areas.

Patron: Cosgrove

Income tax credits; housing choice vouchers; eligible housing areas. Expands the definition of "eligible housing area" for purposes of the housing choice voucher tax credit, to include census tracts in the Virginia Beach-Norfolk-Newport News Metropolitan Statistical Area in which less than 10 percent of the population lives below the poverty level. Landlords who rent qualified housing units within such areas are eligible for an income tax credit. Current law only applies to such areas within the Richmond Metropolitan Statistical Area.

S.B. 1658 Tobacco Indemnification & Community Revitalization Fund; investments in Va. Venture Capital Accts.

Patron: Chafin

Tobacco Indemnification and Community Revitalization Fund; investments in Virginia Venture Capital Accounts. Authorizes the Tobacco Region Revitalization Commission (the Commission) to invest up to 10 percent of its annual disbursements from the Tobacco Indemnification and Community Revitalization Fund in Virginia venture capital accounts that have been certified by the Department of Taxation.

S.B. 1661 Child abuse and neglect; report or complaint, victims of sex trafficking, etc.

Patron: Peake

Child abuse and neglect report or complaint; victims of sex trafficking; taking child victim into custody. Provides that a valid report or complaint of child abuse or neglect where a local department of social services has evaluated the allegations and determined that the local department shall conduct an investigation or family assessment may be established if the alleged victim has been identified as a victim of sex trafficking or severe forms of trafficking and the abuser is the victim's parent, other caretaker, or any other person suspected to have caused such abuse and neglect. The bill requires the local department, when responding to such complaint, to perform a family assessment. The bill also allows a child-protective services worker of a local department responding to such complaint to take the child victim into custody and allows the local department to maintain custody of the child for up to 72 hours without prior approval of a parent or guardian. This bill is a recommendation of the Virginia State Crime Commission.

S.B. 1679 Family First Prevention Services Act; statutory alignment.

Patron: Mason

Family First Prevention Services Act; statutory alignment. Aligns the Code of Virginia with the Family First Prevention Services Act of 2018.

S.B. 1704 Income taxes, state and corporate; tax credit for employers of National Guard members.

Patron: Suetterlein

Individual and corporate income tax credit; employers of National Guard members and self-employed National Guard members. Provides for taxable years 2019 through 2023 a nonrefundable tax credit against individual and corporate income taxes for (i) wages paid by an employer to an employee who is a Virginia National Guard member or (ii) income of a self-employed National Guard member attributable to his business. The amount of the credit shall be 25 percent if such member was in a military pay status for 65 days or more during such taxable year or 15 percent if such member was in a military pay status for 45 days or more during such taxable year. The credit shall not be allowed if such member was in a military pay status for less than 45 days during such taxable year. The bill allows a taxpayer to carry unused credits over for up to five taxable years.

S.B. 1716 Interstate 81; tolling, Interstate 81 Corridor Improvement Fund.

Patron: Obenshain

Interstate 81; tolling; Interstate 81 Corridor Improvement Fund. Authorizes the Commonwealth Transportation Board (the Board) to impose tolls on Interstate 81, subject to conditions and limitations set forth in the bill. If the Board implements the tolls, it would also be required to offer annual toll passes for passenger vehicles. Revenues from such tolls would be deposited in the Interstate 81 Corridor Improvement Fund, established by the bill, and be used for capital, operating, and improvement costs along the Interstate 81 corridor. In allocating such revenues, the Board would develop and update, in consultation with an Interstate 81 Committee established by the bill, an Interstate 81 Corridor Improvement Program.

S.B. 1730 Neighborhood Assistance Act; tax credits, qualified neighborhood organizations.

Patron: Deeds

Neighborhood Assistance Act tax credits; qualified neighborhood organizations. Allows a neighborhood organization to qualify to receive an allocation of tax credits from the Department of Education if at least 50 percent of the neighborhood organization's revenues are used to provide services to low-income persons or eligible students with disabilities either directly by the organization or through the provision of funds to other organizations and groups providing such services.

S.B. 1742 State retiree health benefits program; amends provision relating to participation in program.

Patron: McDougle

Participation in the state retiree health benefits program. Amends the provision relating to participation in the state retiree health benefit program by eliminating the restriction that if a retiree elects to participate, but later discontinues participation, he is barred from future participation.

S.B. 1743 Coal ash management; prohibits construction of any landfill or impoundment for storage.

Patron: Chase

Coal ash management. Prohibits the construction of any landfill or impoundment for the storage of coal combustion residuals located in the Chesapeake Bay watershed, defined in the bill as a CCR unit, beginning July 1, 2020, and requires the closure of all existing CCR units by 2023.

The bill requires the owner of a CCR unit to meet detailed requirements and timelines regarding (i) the submission of closure plans to the Department of Environmental Quality (the Department); (ii) the review and approval of such plans by the Department, and the further approval of such plans by the Virginia Waste Management Board (the Board); (iii) the monitoring, assessment, and restoration of groundwater, including the submission and approval by the Department of plans for assessment and corrective action, the implementation of a restoration plan, and the monitoring of wells; (iv) the identification, assessment, and correction of unpermitted discharges, including the submission and approval by the Department of plans for discharge assessment and corrective action; (v) and the submission of quarterly reports to the Department, reports to General Assembly members who have CCR units in their districts, and other reports. The bill authorizes the Board to establish a regulatory fee to pay the expenses of the Board and the Department in providing CCR oversight.

The bill directs each owner of CCR to identify, by 2020, two or more CCR units that contain CCR that is suitable for recycling as supplementary cementitious material in concrete. The bill directs the Department to require the owner of such CCR units to enter into contracts to supply at least 600,000 tons of coal ash per year from such CCR units to a CCR beneficiation plant, and to install and operate such a plant. The bill requires the operation of the plant to begin within two years of the issuance of the final permit required.

S.B. 1754 Neighborhood Assistance Act; tax credits.

Patron: Hanger

Neighborhood Assistance Act tax credits. Allows a neighborhood organization to qualify to receive an allocation of tax credits from the Department of Education if (i) at least 50 percent of the persons served by the neighborhood organization, either directly by the neighborhood organization or through the provision of revenues to other organizations or groups serving such persons, are low-income persons or eligible students with disabilities and (ii) at least 50 percent of the neighborhood organization's revenues are used to provide services to low-income persons or eligible students with disabilities, either directly by the organization or through the provision of revenues to other organizations or groups providing such services.

The bill also provides that an individual shall be eligible for a tax credit equal to 65 percent of the value of a monetary donation or a donation of marketable securities made to an approved neighborhood organization for education purposes. The credit shall not be issued for any donation made in the taxable year with a value of less than $500 and shall be issued only for the first $125,000 in value of donations made by the individual during the taxable year. Allowing education-related donations to be eligible for the credit equalizes treatment of education and social services donations. Under current law, individuals are only eligible for a tax credit for a donation to an approved neighborhood organization if the donation is for social services purposes.

The bill also provides that an individual must be a resident of Virginia in order to be considered a low-income person or eligible student with a disability by amending the definitions of those terms.

 

S.B. 1770 Transportation funding; creates a statewide approach to funding.

Patron: Deeds

Transportation Funding. Creates a statewide approach to transportation funding. The bill repeals the regional sales tax and gas tax enacted in 2013 to fund transportation initiatives in Hampton Roads and Northern Virginia, and raises the statewide gas tax by three percent to fund transportation generally. The bill has a delayed effective date of July 1, 2020, and directs the Secretary of Transportation to report to the Governor and the chairmen of the House Committees on Appropriations and Transportation and the Senate Committees on Finance and Transportation regarding changes necessary to existing transportation funding allocations to honor existing contracts and debt service obligations.