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2021 SPECIAL SESSION I

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Senate Committee on Finance and Appropriations

Chair: Janet D. Howell

Clerk: Michael Jackson
Staff: Connor Garstka
Date of Meeting: February 17, 2021
Time and Place: 9 AM/SR West Science Museum/ Public can register @ GA website
Added:HB1750,HB1751,HB2129,HB2203,HB1833,HB1855,HB2148

H.B. 1750

Patron: Gooditis

Dairy Producer Margin Coverage Premium Assistance Program. Directs the Commissioner of Agriculture and Consumer Services to establish and administer the Dairy Producer Margin Coverage Premium Assistance Program (the Program). The bill provides that any dairy farmer that has a resource management plan or nutrient management plan and participates in the federal margin coverage program for dairy producers at the tier I level as contained in the federal Agriculture Improvement Act of 2018 is eligible to participate in the Program. Under the bill, each year a Program participant will receive a refund of its annual premium payment paid into the federal program. Such reimbursement shall be provided on a first-come, first-served basis and shall be subject to availability of funds expressly appropriated for the purposes set forth in the chapter. The Commissioner shall submit an annual report no later than December 1 of each year to the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources assessing the effectiveness of the Program.

A BILL to amend the Code of Virginia by adding in Title 3.2 a chapter numbered 33.1, consisting of sections numbered 3.2-3304 through 3.2-3307, relating to Dairy Producer Margin Coverage Premium Assistance Program; report.

21103881D

H.B. 1751

Patron: Brewer

Excise tax on peanuts. Extends from July 1, 2021, to July 1, 2026, the sunset date of the excise tax on all peanuts grown in Virginia and reduces from $0.30 per 100 pounds to $0.25 per 100 pounds the excise tax rate. The proceeds from this tax are used for promoting the sales and use of Virginia peanuts.

A BILL to amend and reenact § 3.2-1905 of the Code of Virginia, relating to the excise tax on peanuts.

21100674D

H.B. 1818

Patron: Heretick

Workers' compensation; presumption of compensability for certain diseases. Provides that the occupational disease presumption for death caused by hypertension or heart disease will apply for salaried or volunteer emergency medical services personnel who have at least five years of service and are operating in a locality that has legally adopted a resolution declaring that it will provide one or more of such presumptions. This bill incorporates HB 2080.

A BILL to amend and reenact § 65.2-402 of the Code of Virginia, relating to workers' compensation; presumption of compensation for certain diseases; applicable to salaried and volunteer emergency medical services personnel.

21103348D

H.B. 1820

Patron: Helmer

Temporary Assistance for Needy Families; food stamp program; eligibility; postsecondary education. Adds participation in educational activities that lead to a post-secondary credential from an accredited 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 to the list of activities to which a participant in the Virginia Initiative for Education and Work may be enrolled and directs the Board of Social Services to amend the Supplemental Nutrition Assistance Program (SNAP benefits program) to (i) establish broad-based categorical eligibility, (ii) set the gross income eligibility standard at 200 percent of the federal poverty guidelines, (iii) not impose an asset limit for eligibility, and (iv) increase opportunities for self-sufficiency through postsecondary education by allowing SNAP benefits program participants to satisfy applicable employment and training requirements through enrollment 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.

A BILL to amend and reenact §§ 63.2-608 and 63.2-801 of the Code of Virginia, relating to SNAP benefits program.

21103357D

H.B. 1833

Patron: Subramanyam

Department of Conservation and Recreation; leasing of land. Changes the process by which the Department of Conservation and Recreation may lease certain lands from one that is subject to the consent and approval of the Governor and the General Assembly to one that is subject to the written recommendation of the Department of General Services to the Governor and the written approval of the Governor, and excludes the sale of such land from such process. The bill also authorizes only certain activities for which the Department may lease land and requires that information about leasing activities be included in an annual report to the General Assembly.

A BILL to amend and reenact § 10.1-109 of the Code of Virginia, relating to Department of Conservation and Recreation; leasing of land.

21102063D

H.B. 1855

Patron: Sullivan

Department of Mines, Minerals and Energy. Renames the Department of Mines, Minerals and Energy as the Department of Energy. Within the Department, the bill renames the Division of Mined Land Reclamation as the Division of Mined Land Repurposing and renames the Division of Energy as the Division of Renewable Energy and Energy Efficiency.

The bill makes substantive changes, removing the requirement that the Chief of the Division of Mines be appointed by the Governor and authorizing an employee other than the Virginia Gas and Oil Inspector to serve as the principal executive of the staff of the Virginia Gas and Oil Board. The bill also provides that the Chief Clean Energy Policy Advisor shall be appointed by the Governor. The bill removes or updates outdated language.

A BILL to amend and reenact §§ 2.2-204, 2.2-604.2, 2.2-1157, 2.2-1176.1, 2.2-3705.6, 2.2-4006, 10.1-606.3, 10.1-659, 10.1-1194, 10.1-1329, 10.1-1330, 10.1-1406.2, 11-34.3, 15.2-958.3, 15.2-980, 15.2-2224, 23.1-2626, 23.1-2627, 28.2-1208, 30-275, 33.2-236, 45.1-161.1, 45.1-161.2, 45.1-161.5, 45.1-161.15, 45.1-161.179, 45.1-161.292:2, 45.1-180, 45.1-229, 45.1-230, 45.1-270.4:1, 45.1-361.28, 45.1-361.41, 45.1-383, 45.1-390, 56-265.15:1, 56-576, 56-585.5, 56-594.3, 56-596.2, 58.1-439.2, 58.1-439.12:02, 58.1-3660, 58.1-3706, 58.1-3745, 62.1-44.15:21, 62.1-44.15:66, 62.1-195.1, 62.1-243, 62.1-256, 62.1-259, 63.2-805, 67-200, 67-202.1, 67-602, 67-900, 67-1000, 67-1206, 67-1208, 67-1209, 67-1403, and 67-1506 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 45.1-161.4:1, relating to Department of Mines, Minerals and Energy.

21102112D

H.B. 1884

Patron: Sickles

Facilitated enrollment program. Directs the Department of Taxation to include space on the appropriate individual income tax forms for voluntary inclusion of personal and contact information. Such information may be shared with the Department of Medical Assistance Services, the Department of Social Services, or the Virginia Health Benefit Exchange, as applicable, for use in determining eligibility for certain programs. Beginning with tax year 2022, the Department of Taxation shall also include a checkoff box for taxpayers to indicate their consent to the sharing of tax information with the Department of Medical Assistance Services and the Department of Social Services. Beginning with tax year 2023, there shall also be included a checkoff box for taxpayers to indicate their consent to the sharing of tax information with the Virginia Health Benefit Exchange. The bill contains provisions allowing disclosure of such information in accordance with the act. The bill also directs the Virginia Health Benefits Exchange to, in consultation with other government agencies and stakeholders, identify systems, policies, and practices to facilitate eligibility determinations and enrollment.

A BILL to amend and reenact §§ 38.2-6505, 58.1-3, and 58.1-341.1 of the Code of Virginia, relating to facilitated enrollment program.

21101894D

H.B. 1890

Patron: Price

Elections; prohibited discrimination in voting and elections administration; required process for enacting certain covered practices; civil causes of action. Prohibits any voting qualification or any standard, practice, or procedure related to voting from being imposed or applied in a manner that results in the denial or abridgment of the right of any United States citizen to vote based on his race or color or membership in a language minority group. The bill further prohibits at-large methods of election from being imposed or applied in a locality in a manner that impairs the ability of a protected class, defined in the bill, to elect candidates of its choice or to influence the outcome of an election, by diluting or abridging the rights of voters who are members of a protected class. Prior to enacting or administering a covered practice, defined in the bill, the governing body of a locality is required to publish the proposed covered practice and accept public comment for a minimum of 30 days on the proposed covered practice; after the public comment period, a 30-day waiting period is required. During this period, any person who will be subject to or affected by the covered practice may challenge the covered practice as (i) having the purpose or effect of denying or abridging the right to vote on the basis of race or color or membership in a language minority group or (ii) resulting in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise. The bill permits the local governing body to instead submit the proposed covered practice to the Office of the Attorney General for issuance of a certification of no objection and, once such certification is issued, to enact or administer the covered practice. Certain unlawful actions, including knowingly communicating false information to voters, that are currently subject to criminal penalties will create civil causes of action under the bill. The bill authorizes the Attorney General to commence civil actions when there is reasonable cause to believe that a violation of an election law has occurred and the rights of any voter or group of voters have been affected by the violation. Civil penalties assessed as a result of such action are payable to the Voter Education and Outreach Fund, established by the bill. Current provisions related to language minority accessibility are moved to a newly created chapter relating to the rights of voters.

A BILL to amend and reenact §§ 24.2-105, as it shall become effective, 24.2-306, 24.2-649, 24.2-1000, 24.2-1005, and 24.2-1005.1 of the Code of Virginia; to amend the Code of Virginia by adding a section numbered 24.2-104.1, by adding a section numbered 24.2-1005.2, and by adding in Title 24.2 a chapter numbered 1.1, consisting of sections numbered 24.2-125 through 24.2-131; and to repeal § 24.2-124, as it shall become effective, of the Code of Virginia, relating to elections; prohibited discrimination in voting and elections administration; required process for enacting certain covered practices; civil causes of action; penalties.

21103495D

H.B. 1893

Patron: Hurst

New River Valley Passenger Rail Station Authority; creation. Authorizes the creation of a regional passenger rail station authority in Planning District 4 to assist in the creation and maintenance of passenger rail in the region. The authority would be authorized to enter into revenue sharing agreements and to issue revenue bonds. The authority would be governed by a board consisting of members of each participating locality and institution of higher education.

A BILL to amend the Code of Virginia by adding in Title 33.2 a chapter numbered 38, consisting of sections numbered 33.2-3800 through 33.2-3816, relating to creation of the New River Valley Passenger Rail Station Authority.

21100517D

H.B. 1912

Patron: Hope

Child support payments; juvenile in custody of or committed to the Department of Juvenile Justice. Provides that the Department of Juvenile Justice is no longer required to apply for child support from, and the parent of a juvenile is no longer responsible to pay child support to, the Department of Social Services for a juvenile who is in the temporary custody of or committed to the Department of Juvenile Justice.

A BILL to amend and reenact §§ 16.1-263, 16.1-286, and 16.1-290 of the Code of Virginia, relating to child support payments; juvenile in custody of or committed to the Department of Juvenile Justice.

21100945D

H.B. 1925

Patron: Kilgore


Virginia Brownfield and Coal Mine Renewable Energy Grant Fund and Program; handbook. Establishes the Virginia Brownfield and Coal Mine Renewable Energy Grant Fund and Program (the Fund and Program). The bill provides that no allocation of funds shall be made to the Fund or Program unless federal funds are available to cover the cost of such allocation. The Fund and Program shall be administered by the Department of Mines, Minerals and Energy for the purpose of awarding grants to renewable energy projects that are located on brownfields or previously coal mined lands, both defined in the bill. Grants are to be awarded on a basis of $500 per kilowatt of nameplate capacity from renewable energy sources that are located on previously coal mined lands and $100 per kilowatt of nameplate capacity from renewable energy sources that are located on brownfields.

No more than $10 million shall be awarded to any previously coal mined lands project and no more than $5 million to any single brownfield project. No more than $35 million shall be allocated per year by the grant program. Of the $35 million, $20 million shall be reserved for previously coal mined lands projects. If less than $20 million is distributed to such projects, the remaining funds may be reallocated to brownfield projects. The bill also provides that the Department shall, in consultation with stakeholders, develop a handbook for renewable energy and energy storage development on brownfields and previously coal mined lands. Finally, the bill requires the Department to submit an annual report regarding administration of the Fund and Program to the General Assembly. However, the annual report shall not be required if the Fund and Program are not funded.

A BILL to amend the Code of Virginia by adding in Title 67 a chapter numbered 18, consisting of a section numbered 67-1800, relating to Virginia Brownfield and Coal Mine Renewable Energy Grant Fund and Program; handbook.

21102691D

H.B. 1979

Patron: Reid

Electric vehicle rebate program; creation and funding; report. Creates a rebate program for the purchase or lease of new and used electric vehicles, to be administered by the Department of Mines, Minerals and Energy. A purchaser or lessee of a new or used electric vehicle would receive a $2,500 rebate at the time of purchase, and a purchaser or lessee with an annual household income that does not exceed 300 percent of the federal poverty level would be entitled to an additional $2,000 rebate for a new electric vehicle and $500 for a used electric vehicle beginning in taxable year 2022. The bill also establishes an Electric Vehicle Rebate Advisory Council to oversee the Electric Vehicle Rebate Program and to make recommendations regarding its implementation. The Director of the Department of Mines, Minerals and Energy is required to report annually to the Governor and the General Assembly regarding the Program. The program expires on January 1, 2027.  

A BILL to amend the Code of Virginia by adding in Title 67 a chapter numbered 18, consisting of sections numbered 67-1800 through 67-1806, relating to electric vehicle rebate program; creation and funding; report.

21104242D

H.B. 1985

Patron: Hurst

Workers' compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of health care providers is an occupational disease compensable under the Workers' Compensation Act. The bill provides that the COVID-19 virus is established by a positive diagnostic test for COVID-19, an incubation period consistent with COVID-19, and signs and symptoms of COVID-19 that require medical treatment. The bill provides that such presumption applies to any death or disability occurring on or after March 12, 2020, caused by infection from the COVID-19 virus, provided that for any such death or disability that occurred on or after March 12, 2020, and prior to December 31, 2021, the claimant received a positive diagnosis of COVID-19 from a licensed physician, after either a presumptive positive test or a laboratory-confirmed test for COVID-19, and presented with signs and symptoms of COVID-19 that required medical treatment. The bill provides that such presumptions do not apply to any person offered by his employer a vaccine for the prevention of COVID-19 unless the person's physician determines in writing that immunization would pose a significant risk to the person's health.

A BILL to amend and reenact § 65.2-402.1 of the Code of Virginia, relating to workers' compensation; presumption as to death or disability of health care providers from COVID-19.

21103301D

H.B. 1989

Patron: Aird

Public health emergency; emergency medical services agencies; real-time access to information. Directs the Department of Health to develop and implement a system for sharing information regarding confirmed cases of communicable diseases of public health threat with emergency medical services agencies in real time during a declared public health emergency related to a communicable disease of public health threat and with the Emergency Medical Services Advisory Board and regional emergency medical services councils upon request, in order to protect the health and safety of emergency medical services personnel and the public.

A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 2 of Title 32.1 a section numbered 32.1-48.001, relating to public health emergency; emergency medical services agencies; real-time access to information.

21102516D

H.B. 1992

Patron: Murphy

Purchase, possession, or transportation of firearms following conviction for assault and battery of a family or household member; penalties. Prohibits a person who has been convicted of assault and battery of a family or household member, as defined in the bill, from purchasing, possessing, or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor.

A BILL to amend and reenact §§ 18.2-308.09, 18.2-308.2:1, as it is currently effective and as it shall become effective, 18.2-308.2:2, as it is currently effective and as it shall become effective, 18.2-308.2:3, as it is currently effective and as it shall become effective, and 19.2-386.28 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-308.1:8, relating to purchase, possession, or transportation of firearms following conviction for assault and battery of a family or household member; penalties.

21103901D

H.B. 1993

Patron: Askew

Duties of agencies and their appointing authorities; diversity, equity, and inclusion strategic plans. Requires state agencies to establish and maintain a comprehensive diversity, equity, and inclusion strategic plan in coordination with the Governor's Director of Diversity, Equity, and Inclusion.

A BILL to amend and reenact § 2.2-602 of the Code of Virginia, relating to duties of agencies and their appointing authorities; diversity, equity, and inclusion strategic plans.

21102795D

H.B. 1995

Patron: Murphy

Rare Disease Council and Rare Disease Council Fund; report. Creates the Rare Disease Council for the purpose of (i) advising the Governor and the General Assembly on the needs of individuals with rare diseases in the Commonwealth; (ii) identifying challenges that such individuals face, including delays in obtaining a diagnosis or the receipt of a misdiagnosis, shortages of medical specialists who can provide treatment, and lack of access to therapies and medication used to treat rare diseases; (iii) funding research related to rare diseases and the development of new treatments for rare diseases; and (iv) funding for supports for persons with rare diseases in the Commonwealth. The bill also creates the Rare Disease Council Fund to be used for the purpose of (a) funding research related to rare diseases and the development of new treatments for rare diseases and supports for persons with rare diseases in the Commonwealth and (b) supporting the work of the Rare Disease Council.

A BILL to amend the Code of Virginia by adding in Chapter 2 of Title 32.1 an article numbered 19, consisting of sections numbered 32.1-73.14 through 32.1-73.17, relating to Rare Disease Council; Rare Disease Council Fund; report.

21103655D

H.B. 2032

Patron: Gooditis

Employment; domestic service. Provides that individuals who are engaged in providing domestic service are not excluded from employee protection laws and the Virginia Workers' Compensation Act.

A BILL to amend and reenact §§ 40.1-2, 40.1-49.3, 40.1-49.8, 65.2-101, and 65.2-305 of the Code of Virginia, relating to the employees providing domestic service; application of laws applicable to employee safety and workers' compensation.

21102809D

H.B. 2040

Patron: Hudson

Unemployment compensation; failure to respond; continuation of benefits; repayment of overpayments. Provides that an employer shall be deemed to have established a pattern of failing to respond timely or adequately to written requests for information relating to claims if the Virginia Employment Commission determines that the employer has failed to respond timely or adequately to a written request for information relating to a claim on two or more occasions within a 48-month window and requires such employer to pay a penalty upon his second such failure to respond timely or adequately. Under current law, such pattern is established after four failures, and the penalty is assessed after the third failure. The bill provides that if an employer fails to respond timely or adequately to a written request by the Commission for information relating to a claim, the employer forfeits any appeal rights to that claim.

The bill provides that when a claimant has had a determination of initial eligibility for benefits, as determined by the issuance of compensation or waiting-week credit, payments shall continue, subject to a presumption of continued eligibility, until a determination is made that provides the claimant notice and an opportunity to be heard.

The bill provides that the Commission shall waive the obligation to repay any overpayment if (i) the overpayment was made without fault on the part of the individual and (ii) requiring repayment would be contrary to equity and good conscience. The Commission shall have authority to negotiate the terms of repayment for any overpayment where repayment is not forgiven. Overpayments shall not be considered "without fault" if the overpayment was the result of (i) a reversal in the appeals process, unless the employer failed to respond or timely respond or (ii) a programming, technological, or automated system error that results in erroneous payments to a group of individuals.

The bill also provides that the Commission shall notify each person with an unpaid overpayment of benefits that they may be entitled to a waiver of repayment and provide 30 days to request such a waiver. The bill applies to overpayments established for the week commencing March 15, 2020 through the week commencing June 26, 2021 and only to those overpayments that have not been fully or partially repaid. Finally, the bill allows the Commission to suspend or forego referring any overpayment to the collections process until June 30, 2022.

A BILL to amend and reenact §§ 60.2-528.1, 60.2-619, and 60.2-633 of the Code of Virginia, relating to unemployment compensation; failure to respond; continuation of benefits; repayment of overpayments.

21104300D

H.B. 2047

Patron: Bourne

Criminal proceedings; consideration of mental condition and intellectual and developmental disabilities. Permits the admission of evidence concerning a defendant's mental condition at the time of an alleged offense, including expert testimony, if such evidence (i) tends to show the defendant did or did not have the specific mental state required for the offense charged and (ii) is otherwise admissible pursuant to the general rules of evidence. The bill provides that to establish a mental condition for such purposes, the defendant must show that his condition existed at the time of the offense and that such condition satisfies the diagnostic criteria for (a) an autism spectrum disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or (b) an intellectual or developmental disability. If a defendant intends to present such evidence, the bill requires him or his counsel to give notice in writing to the attorney for the Commonwealth within specified time periods. The bill also clarifies that a diagnosis of an intellectual or developmental disability shall be considered by a judicial officer for the purpose of rebuttal of a presumption against bail and that a court may order that a sentencing report prepared by a probation officer contain any diagnosis of an intellectual or developmental disability. The bill also adds to the requirements to be met for qualification as a court-appointed attorney two hours of continuing legal education, which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities.

A BILL to amend and reenact §§ 19.2-120, 19.2-163.03, and 19.2-299 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 16 of Title 19.2 a section numbered 19.2-271.6, relating to criminal proceedings; consideration of mental condition and intellectual and developmental disabilities.

21103892D

H.B. 2058

Patron: Simonds

Virginia STEM Education Advisory Board; established; report. Creates the Virginia Science, Technology, Engineering, and Mathematics (STEM) Advisory Board to create a unified vision regarding STEM education initiatives, language, and measures of success to promote a culture of collaboration for STEM programming in the Commonwealth. The Board shall develop the infrastructure for creating STEM Regional Hubs and naming STEM Champions in communities across the Commonwealth. Additionally, the Board shall report annually to the Governor and the General Assembly on STEM challenges, goals, and successes across the Commonwealth.

A BILL to amend the Code of Virginia by adding in Title 22.1 a chapter numbered 26, consisting of sections numbered 22.1-364 through 22.1-368, relating to Virginia STEM Education Advisory Board; established; report.

21101975D

H.B. 2101

Patron: Wampler

GO Virginia Grants; matching funds; sunset. Repeals the July 1, 2021, sunset of the provision of the Code of Virginia allowing a locality to use grant funds awarded by the Tobacco Region Revitalization Commission as matching funds for GO Virginia grants.

A BILL to repeal the second enactment of Chapter 525 of the Acts of Assembly of 2020, relating to GO Virginia Grants; matching funds; sunset.

21101138D

H.B. 2110

Patron: Herring

Pretrial data collection. Requires the Virginia Criminal Sentencing Commission to collect and disseminate, on an annual basis, statewide and locality-level data related to adults charged with criminal offenses punishable by confinement in jail or a term of imprisonment. The bill provides that any personal or case identifying information within the data shall not be subject to the Virginia Freedom of Information Act and shall not be made publicly available. The bill provides that the Virginia Criminal Sentencing Commission shall not be required to submit such annual report prior to December 1, 2022. Additionally, the bill requires the Virginia State Crime Commission to provide the Virginia Criminal Sentencing Commission with the final dataset of all adults charged with a criminal offense punishable by confinement in jail or a term of imprisonment in October 2017 and that the Virginia Criminal Sentencing Commission make such statewide and locality-level data publicly available on a website established and maintained by the Virginia Criminal Sentencing Commission as (i) an electronic dataset, excluding any personal and case identifying information, that may be downloaded by members of the public by October 1, 2021, and (ii) an electronic interactive data dashboard tool that displays aggregated data based on characteristics or indicators selected by the user, by December 1, 2022. As introduced, this bill was a recommendation of the Virginia State Crime Commission. The bill incorporates HB 1945.

A BILL to amend and reenact § 2.2-3802 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 9 of Title 19.2 a section numbered 19.2-134.1, relating to pretrial data collection.

21103550D

H.B. 2111

Patron: Herring

Task Force on Maternal Health Data and Quality Measures; report. Directs the State Health Commissioner to establish the Task Force on Maternal Health Data and Quality Measures for the purpose of evaluating maternal health data collection processes to guide policies in the Commonwealth to improve maternal care, quality, and outcomes for all birthing people in the Commonwealth. The bill directs the Task Force to report its findings and conclusions to the Governor and General Assembly by December 1 of each year regarding its activities and states that the Task Force shall conclude its work by December 1, 2023.

A BILL to establish the Task Force on Maternal Health Data and Quality Measures; report.

21102766D

H.B. 2117

Patron: VanValkenburg

Children's Services Act; special education programs. Requires that funds expended for special education services under the Children's Services Act only be expended on educational programs that are licensed by the Department of Education. The bill adds children and youth previously placed in approved private school educational programs for at least six months who will receive transitional services, as that term is defined in the bill, in a public school setting to the target population for eligibility for the state pool of funds, provided, however, that such funds shall be allocated for such transitional services for no longer than 12 months. The bill requires the Secretary of Education, in conjunction with the Office of Children's Services and the Department of Education, to establish a work group (the Work Group) with, at minimum, certain identified stakeholders to develop a detailed plan to direct the transfer of Children's Services Act funds currently reserved for children requiring an educational placement in a private special education day school or residential facility to the Department of Education and to develop a standardized reporting process, template, and reporting requirement for private special education day school tuition rates to ensure that tuition rates can be accurately compared across schools and over time, among other duties. The bill requires that the Work Group submit its plan and recommendations to the Chairmen of the House Committee on Appropriations and Senate Committee on Finance and Appropriations by November 1, 2021.

A BILL to amend and reenact §§ 2.2-5211 and 2.2-5212 of the Code of Virginia, relating to Children's Services Act; special education programs.

21103572D

H.B. 2118

Patron: Keam

Electric Vehicle Grant Fund and Program; creation; workgroup report. Establishes the Electric Vehicle Grant Fund and Program for the purpose of (i) awarding grants on a competitive basis to public school divisions for (a) assisting with costs of replacing diesel school buses with electric school buses; (b) the implementation of recharging infrastructure or other infrastructure needed to charge or maintain such electric school buses; and (c) workforce development and training to support the maintenance, charging, and operation of such electric school buses and (ii) projects by public, private, and non-profit Virginia entities to assist with replacing diesel-fueled vehicles and machinery with electric vehicles.  No allocation of funds shall be made to the Fund or the Program unless federal or nonstate funds are available to cover the entire cost of such allocation. The bill contains provisions relating to grant applications, priority, awards, and uses.  The Department of Environmental Quality shall convene a stakeholder workgroup to develop recommendations for establishing and administering the Fund and Program and shall report the workgroup findings to the General Assembly.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 13 of Title 10.1 a section numbered 10.1-1322.5, relating to Virginia Electric Vehicle Grant Fund and Program; creation; work group report.

21104239D

H.B. 2129

Patron: Lopez

Chesapeake Bay; wastewater treatment; Enhanced Nutrient Removal Certainty Program. Requires the State Water Control Board to adopt regulations establishing a Phase III Watershed Implementation Plan Enhanced Nutrient Removal Certainty Program (ENRC Program), consisting of a number of total nitrogen and total phosphorous waste load allocation reductions assigned to particular water treatment facilities with schedules for compliance. The bill provides that the ENRC Program shall operate in lieu of certain Chesapeake Bay waste load regulations. The bill directs the Board to modify affected discharge permits to incorporate the provisions of the ENRC Program and requires certain compliance plans due from treatment works beginning February 1, 2023, to address the requirements of the ENRC Program.

The bill provides that the funding of certain design and installation costs for implementing nutrient upgrades pursuant to the ENRC Program shall be eligible for grants from the Water Quality Improvement Fund. The bill lists the projects and the total nitrogen or total phosphorus waste load allocation reductions that specified facilities are to complete. The bill provides that when grants to finance nutrient removal technology reach a sum sufficient to fund the completion of the ENRC Program at all publicly owned treatment works, certain General Assembly committees shall review funding needs and mechanisms.

Finally, the bill provides that the priority projects and waste load allocation reductions that it sets forth shall be deemed to implement goals of the Chesapeake Bay Phase III Watershed Implementation Plan (WIP). It authorizes the Secretary of Natural Resources to develop an additional watershed implementation plan if he determines on or after July 1, 2026, that the Commonwealth has not achieved or will not be able to maintain the nitrogen pollution reduction commitments it made in the Phase III WIP.

A BILL to amend and reenact §§ 10.1-1186.01, 62.1-44.19:13, and 62.1-44.19:14 of the Code of Virginia, relating to Chesapeake Bay Phase III Watershed Improvement Plan; nutrient removal; regulations.

21103828D

H.B. 2133

Patron: Delaney

Issuance of writ of vacatur for victims of commercial sex trafficking. Establishes a procedure for victims of sex trafficking to file a petition of vacatur in circuit court to have certain convictions vacated and the police and court records expunged for such convictions. The bill requires the court to grant the writ and vacate a qualifying offense if it finds the petitioner (i) was convicted or adjudicated delinquent of a qualifying offense and (ii) committed the qualifying offense as a direct result of being a victim of sex trafficking, as defined in the bill. This bill is a recommendation of the Virginia State Crime Commission.

A BILL to amend the Code of Virginia by adding in Title 19.2 a chapter numbered 19.4, consisting of sections numbered 19.2-327.15 through 19.2-327.20, relating to issuance of writ of vacatur for victims of commercial sex trafficking.

21102882D

H.B. 2148

Patron: Willett

Small renewable energy projects; energy storage. Includes in the definition of a "small renewable energy project" certain energy storage facilities and projects that include storage facility components. Such facilities are eligible for special permitting, review, and inspection requirements. The bill directs the Department of Environmental Quality to promulgate initial regulations to implement the provisions of the bill by January 1, 2022.

A BILL to amend and reenact 10.1-1197.5 of the Code of Virginia, relating to small renewable energy projects; energy storage.

21102904D

H.B. 2165

Patron: Hope

Sale of land for delinquent taxes. Extends from 36 to 60 months the time period for which a local tax official may suspend an action for the sale of tax delinquent property, which under current law is authorized if the owner enters into an agreement with the official to pay delinquent taxes in installments. The bill also authorizes an official to suspend an action if a person who is not a party to the action gives notice asserting ownership rights, by virtue of testate or intestate succession, in the property subject to the action. If a court determines such person has ownership rights in the property, such person may enter into an installment plan similar to what is authorized under current law.

The bill provides that a final court order confirming sale of tax delinquent property shall not be entered sooner than the later of (i) 90 days after the official gives notice of the action or (ii) 90 days after the official receives notice from a person who is not a party to the action asserting ownership rights.

A BILL to amend and reenact § 58.1-3965 of the Code of Virginia, relating to sale of land for delinquent taxes.

21102775D

H.B. 2166

Patron: Hope

Involuntary admission. Amends provisions governing involuntary inpatient and mandatory outpatient treatment to (i) revise criteria for entry of a mandatory outpatient treatment order to become effective upon expiration of an order for involuntary inpatient treatment; (ii) eliminate the requirement that a person agree to abide by a mandatory outpatient treatment plan to be eligible for mandatory outpatient treatment and instead require that the judge or special justice find that the person is able to adhere to a mandatory outpatient treatment plan; (iii) eliminate the role of a treating physician in determining when a person is eligible to transition from inpatient to mandatory outpatient treatment under an order for mandatory outpatient treatment following a period of involuntary inpatient treatment; (iv) increase from 90 to 180 days the length of an order for mandatory outpatient treatment; (v) revise requirements for monitoring of a person's adherence to a mandatory outpatient treatment plan by a community services board; (vi) expand the category of persons who may file petitions for various reviews of a mandatory outpatient treatment order or plan; and (vii) add a provision for status hearings during the period of mandatory outpatient treatment.

A BILL to amend and reenact §§ 37.2-817, 37.2-817.1, 37.2-817.2, and 37.2-817.4 of the Code of Virginia and to repeal § 37.2-817.3 of the Code of Virginia, relating to involuntary admission.

21102637D

H.B. 2167

Patron: Scott

Parole; notice and certification; monthly reports; discretionary early consideration. Provides that the Department of Corrections shall set the release date for an inmate granted discretionary parole or conditional release no sooner than 30 business days from the date that the Department of Corrections receives notification from the Chairman of the Parole Board of the Board's decision to grant discretionary parole or conditional release, except that the Department of Corrections may set an earlier release date in the case of a terminally ill inmate granted conditional release. The bill provides that in the case of an inmate granted parole who was convicted of a felony and sentenced to a term of 10 or more years, or an inmate granted conditional release, the Board shall notify the attorney for the Commonwealth in the jurisdiction where the inmate was sentenced (i) by electronic means at least 21 business days prior to such inmate's release that such inmate has been granted discretionary parole or conditional release or (ii) by telephone or other electronic means prior to release that a terminally ill inmate has been granted conditional release where death is imminent.

The bill requires that the monthly reports issued by the Board regarding actions taken on the parole of prisoners (a) be published on the fifteenth day of the month and (b) include the offenses of which prisoners considered for parole were convicted, the jurisdictions in which such offenses were committed, and the amount of time served by such prisoners. However, a prisoner's name shall be included on the report only if the attorney for the Commonwealth and any victims have been notified; otherwise, inclusion on the report is delayed to the following month. The bill also provides that if additional victim research is necessary, electronic notification shall be sent to the attorney for the Commonwealth and the director of the victim/witness program, if one exists, of the jurisdiction in which the offense occurred. The bill provides that the provisions regarding the monthly reports issued by the Board shall become effective on July 1, 2022.

A BILL to amend and reenact §§ 53.1-136 and 53.1-155 of the Code of Virginia, relating to parole; notice and certification; monthly reports; discretionary early consideration.

21104290D

H.B. 2191

Patron: Leftwich

Local department of social services; location of child in local department's custody. Provides that a local department of social services shall, upon request of the legal guardian or custodian of a child, disclose to such legal guardian or custodian the location of the child when the child is in the custody of another legal guardian or custodian, unless the local department finds that such disclosure would compromise the safety of the child or the legal guardian or custodian.

A BILL to amend and reenact § 63.2-104 of the Code of Virginia, relating to local department of social services; location of child in local department's custody.

21103371D

H.B. 2203

Patron: Filler-Corn

Virginia Agriculture Food Assistance Program and Fund; established. Requires the Commissioner of Agriculture and Consumer Services (the Commissioner) to establish the Virginia Agriculture Food Assistance Program (VAFA Program) for Virginia farmers and food producers to donate, sell, or otherwise provide agriculture products to charitable food assistance organizations. The bill also creates the Virginia Agriculture Food Assistance Fund to disburse moneys to such charitable food assistance organizations to reimburse farmers or food producers for any costs associated with harvesting, processing, packaging, or transporting agriculture products donated to such charitable food assistance organizations. The bill authorizes the Commissioner to adopt guidelines and regulations to carry out the VAFA Program.

A BILL to amend the Code of Virginia by adding in Title 3.2 a chapter numbered 47.1, consisting of sections numbered 3.2-4780 through 3.2-4783, relating to the Virginia Agriculture Food Assistance Program and Fund; established.

21102121D

H.B. 2207

Patron: Jones

Workers' compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, and correctional officers is an occupational disease compensable under the Workers' Compensation Act. The bill provides that the COVID-19 virus is established by a positive diagnostic test for COVID-19, an incubation period consistent with COVID-19, and signs and symptoms of COVID-19 that require medical treatment. The bill provides that such presumption applies to any death or disability occurring on or after March 12, 2020, caused by infection from the COVID-19 virus, provided that for any such death or disability that occurred on or after March 12, 2020, and prior to December 31, 2021, the claimant received a diagnosis of COVID-19 from a licensed physician, after either a presumptive positive test or a laboratory confirmed test for COVID-19, and presented with signs and symptoms of COVID-19 that required medical treatment.

A BILL to amend and reenact § 65.2-402.1 of the Code of Virginia, relating to workers' compensation; presumption as to death or disability from COVID-19.

21100861D

H.B. 2212

Patron: Plum

Children's Services Act; effective monitoring and implementation. Requires the director of the Office of Children's Services to provide for the effective implementation of the Children's Services Act (§ 2.2-5200 et seq.) in all localities by (i) regularly monitoring local performance measures and child and family outcomes; (ii) using audit, performance, and outcomes data to identify local programs that need technical assistance; and (iii) working with local programs that are consistently underperforming to develop a corrective action plan for submission to the Office and the State Executive Council for Children's Services.

A BILL to amend and reenact § 2.2-2649 of the Code of Virginia, relating to Children's Services Act; effective monitoring and implementation.

21101765D

H.B. 2218

Patron: Hayes

Pharmaceutical processors; cannabis products. Permits pharmaceutical processors to produce and distribute cannabis products other than cannabis oil. The bill defines the terms "botanical cannabis," "cannabis product," and "usable cannabis." The bill requires the Board of Pharmacy to establish testing standards for botanical cannabis and botanical cannabis products, establish a registration process for botanical cannabis products, and promulgate emergency regulations to implement the provisions of the bill. The bill allows the Board of Pharmacy to assess and collect a one-time botanical cannabis regulatory fee from each pharmaceutical processor, not to exceed $75,000, to cover costs associated with the implementation of the provisions of the bill, including costs for new personnel, training, promulgation of regulations and guidance documents, and information technology.

A BILL to amend and reenact §§ 18.2-250.1, 54.1-2519, 54.1-2521, 54.1-2903, 54.1-3408.3, and 54.1-3442.5 through 54.1-3442.8 of the Code of Virginia, relating to pharmaceutical processors; cannabis products.

21103713D

H.B. 2219

Patron: Hodges

Pharmacies; freedom of choice. Provides that no insurance carrier, corporation providing preferred provider subscription contracts, or health maintenance organization providing health care plans or its pharmacy benefits manager shall prohibit a covered individual from selecting the pharmacy of his choice to furnish specialty pharmaceutical benefits under the covered individual's policy. The bill provides that no pharmacy that meets the terms and conditions of participation shall be precluded from obtaining a direct service agreement or participating provider agreement and that any request for such agreement by a pharmacy shall be acted upon by a carrier, corporation, or organization or its pharmacy benefits manager within 60 days of receiving the request.

A BILL to amend and reenact §§ 38.2-3407.7, 38.2-4209.1, and 38.2-4312.1 of the Code of Virginia, relating to pharmacies; freedom of choice.

21103810D

H.B. 2223

Patron: Hayes

Department of the Treasury and State Treasurer; bonds. Eliminates language that directs certain officers and board members to procure individual surety bonds mandated by current law when such officers and board members are already covered under bonding provided by the Division of Risk Management. The bill directs such officers and board members to be bonded pursuant to the blanket surety bond plan for state and local employees.

A BILL to amend and reenact §§ 2.2-2809, 5.1-1.3, 10.1-2006, 21-163, 30-131, 33.2-205, 36-111, 42.1-16, 44-21, 46.2-202, 52-3, 53.1-11, 54.1-305, 58.1-201, and 60.2-109 of the Code of Virginia, relating to Department of the Treasury and State Treasurer; bonds.

21102168D

H.B. 2230

Patron: Bell

Supported decision-making agreements; report. Directs the Department of Behavioral Health and Developmental Services (the Department) to develop and implement a program to educate individuals with intellectual and developmental disabilities, their families, and others regarding the availability of supported decision-making agreements, the process by which an individual with an intellectual or developmental disability may enter into a supported decision-making agreement with a supporter, and the rights and responsibilities of principals and supporters who are parties to a supported decision-making agreement, which shall include specific training opportunities, development of model supported decision-making agreements, and development of information about and protocols for preventing, identifying, and addressing abuse and exploitation of individuals with intellectual and developmental disabilities who enter into supported decision-making agreements. The bill directs the Department to collect data regarding the utilization of supported decision-making agreements in the Commonwealth and report such information, together with recommendations to enhance the utilization of supported decision-making agreements, annually to the Governor and the General Assembly by November 1.

A BILL to amend and reenact §§ 64.2-2000, 64.2-2003, and 64.2-2007 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 37.2 a section numbered 37.2-314.3, relating to supported decision-making agreements. Report.

21101478D

H.B. 2252

Patron: Wampler

Board of Wildlife Resources; quitclaim and conveyance of easement; Tazewell County. Provides that the Board of Wildlife Resources is authorized to quitclaim and release any interest it may hold in the unimproved parcel of land containing 13.60 acres, more or less, of land that is located in Tazewell County, as the result of a boundary correction, and to convey an easement over certain lands.

A BILL to authorize a quitclaim and release of interest and the conveyance of an easement by the Board of Wildlife Resources in Tazewell County.

21102970D

H.B. 2269

Patron: Heretick

Revenue share for solar energy projects and energy storage systems. Allows localities to assess a revenue share of up to $1400 per megawatt on energy storage systems. The bill provides that on July 1, 2026, and every five years thereafter, the maximum amount of the revenue share that a locality may impose on certain solar energy projects and energy storage systems shall be increased by 10 percent. No increase may be made to any revenue share imposed by a locality on a solar energy project or energy storage systems for which an application has been filed with the locality and such application has been approved prior to January 1, 2021.

 A BILL to amend and reenact § 58.1-2636 of the Code of Virginia, relating to revenue share for solar energy projects and energy storage systems.

21103653D

H.B. 2271

Patron: Samirah

Joint Commission on Health Care; contract for study of options for financing universal health care. Directs the Joint Commission on Health Care to enter into a contract with a qualified entity to study options for financing universal health care in the Commonwealth. The Secretary shall report the findings, conclusions, and recommendations of the qualified entity to the General Assembly by October 1, 2022.

A BILL to require the Joint Commission on Health Care to enter into a contract for a study of options for financing universal health care in the Commonwealth.

21103635D

H.B. 2293

Patron: Morefield

Local gas severance tax; sunset date. Extends the sunset date from January 1, 2022, to January 1, 2024, for authority to impose an additional local gas severance tax that is dedicated to (i) the local Coal and Gas Road Improvement Fund; (ii) the Virginia Coalfield Economic Development Fund; and (iii) water, sewer, and natural gas systems and lines.

A BILL to amend and reenact § 58.1-3713 of the Code of Virginia, relating to local gas severance tax; sunset date.

21102698D

H.B. 2307

Patron: Hayes

Consumer Data Protection Act. Establishes a framework for controlling and processing personal data in the Commonwealth. The bill applies to all persons that conduct business in the Commonwealth and either (i) control or process personal data of at least 100,000 consumers or (ii) derive over 50 percent of gross revenue from the sale of personal data and control or process personal data of at least 25,000 consumers. The bill outlines responsibilities and privacy protection standards for data controllers and processors. The bill does not apply to state or local governmental entities and contains exceptions for certain types of data and information governed by federal law. The bill grants consumer rights to access, correct, delete, and obtain a copy of personal data and to opt out of the processing of personal data for the purposes of targeted advertising. The bill provides that the Attorney General has exclusive authority to enforce violations of the law, and the Consumer Privacy Fund is created to support this effort. The bill has a delayed effective date of January 1, 2023.

A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 52, consisting of sections numbered 59.1-571 through 59.1-581, relating to Consumer Data Protection Act.

21103642D

H.B. 2321

Patron: Simonds

Governor's Secretaries; Secretary of Labor created. Creates in the Governor's Cabinet the position of Secretary of Labor. The bill transfers from the Secretary of Commerce and Trade to the Secretary of Labor responsibility for the Department of Labor and Industry, the Department of Professional and Occupational Regulation, and the Virginia Employment Commission. The bill removes the position of Chief Workforce Development Advisor and reassigns its duties to the Secretary of Labor. The bill also adds the Secretary of Labor to the Governor's comprehensive economic development policy committee.

A BILL to amend and reenact §§ 2.2-200, 2.2-204, 2.2-205, 2.2-205.1, 2.2-435.6, 2.2-435.8, 2.2-435.9, 2.2-435.10, 2.2-2471, 2.2-2471.1, 2.2-2472, 2.2-2472.2, 2.2-2472.3, and 30-377 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 2 of Title 2.2 an article numbered 6.1, consisting of sections numbered 2.2-214.2 and 2.2-214.3; and to repeal § 2.2-435.7 of the Code of Virginia, relating to Governor's Secretaries; Secretary of Labor created.

21103957D

H.B. 2323

Patron: Edmunds

Library aid; former regional library system. Provides that former regional library systems that receive state aid notwithstanding a loss of regional library status due to a city reversion, shall receive such aid regardless of when a former city reverted to town status.

A BILL to amend and reenact § 15.2-4116 of the Code of Virginia, relating to library aid; former regional library system.

21102605D

H.B. 2330

Patron: Kory

Electric utilities; Percentage of Income Payment Program. Requires the Department of Social Services (the Department), in consultation with, as it deems necessary, the Department of Housing and Community Development, to adopt rules or establish guidelines for the adoption, implementation, and general administration of the Percentage of Income Payment Program (PIPP) and the Percentage of Income Payment Fund (Fund). The bill requires the PIPP to commence no later than March 1, 2022.The bill establishes the Fund for the purposes of implementing and administering the PIPP and related programs. The bill requires Dominion Energy Virginia and American Electric Power to cooperate with the requests of the Department and the State Corporation Commission (the Commission) in the implementation and administration of the PIPP. The Commission is required to promulgate any rules necessary to ensure that funds collected from each utility's universal service fee are directed to the Fund. The bill requires the Commission to initiate proceedings to provide for an annual true-up of the universal service fee within 60 days of the commencement of the PIPP and on an annual or semiannual basis thereafter. The bill provides that the PIPP may utilize existing energy efficiency or related programs approved by the Commission. The bill authorizes the Department to determine what deficiencies exist in existing and available federal, state, local, or nonprofit programs to meet energy reduction obligations and to (i) make recommendations to the Commission or the utilities regarding such deficiency analysis and (ii) develop programs to address such deficiencies.

The bill authorizes the Department to develop and implement non-utility energy efficiency programs and other programs for the reduction of energy use for eligible participants in the PIPP, provided that the Department engage in a stakeholder process and undertake a cost-benefit analysis in the development of any such programs. The bill requires that the Commission to make adjustments to the universal service fee as necessary to provide adequate funding for such programs. Additionally, the bill requires the Commission to initiate any proceedings to establish new energy efficiency or low-income programs proposed by a utility as necessary to provide service to PIPP participants over a timeframe to be determined by the Commission. The bill requires the Commission to issue an order providing for the non-bypassable universal service fee as soon as practicable following the bill's effective date.

A BILL to amend and reenact §§ 56-576 and 56-585.6 of the Code of Virginia, relating to electric utilities; Percentage of Income Payment Program.

21103641D

H.B. 2332

Patron: Sickles

Commonwealth Health Reinsurance Program. Requires the State Corporation Commission (Commission)  to establish, upon approval of a state innovation waiver request pursuant to § 1332 of the Affordable Care Act, a reinsurance program, known as the Commonwealth Health Reinsurance Program (the Program).  The bill provides that the Program is funded through federal funding provided under the state innovation waiver, an assessment on carriers, and state appropriations. The bill requires that the Commission impose an annual assessment of one percent of a carrier's net written premiums on entities authorized to issue individual and group health insurance overage including grandfathered plans but excluding plans offered in the small group market. The bill provides requirements for payment parameters, data submissions, recordkeeping, reporting, and audits of health carriers. The bill requires the Secretary of Health and Human Resources to convene a work group to develop recommendations for developing a state-based subsidy program to increase affordability of health plans to individuals and to increase enrollment in the Virginia Health Benefit Exchange. The bill requires the Commission to evaluate the program following its second year of operation.The provisions of the bill, other than the requirements that the Commission apply for the state innovation waiver, will become effective 30 days after notice of approval of the waiver request.

 A BILL to amend and reenact §§ 38.2-4214 and 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding in Title 38.2 a chapter numbered 66, consisting of sections numbered 38.2-6600 through 38.2-6607, relating to the Commonwealth Health Reinsurance Program; established; special fund established; assessment; federal waiver application.

21104420D

H.J.R. 542

Patron: McQuinn

Study; Department of Rail and Public Transportation; transit equity and modernization; report. Requests the Department of Rail and Public Transportation to conduct a two-year study of transit equity and modernization in the Commonwealth, with emphasis on transit services and engagement opportunities for underserved and underrepresented communities.

Requesting the Department of Rail and Public Transportation to study transit equity and modernization in the Commonwealth. Report.

21104000D