Bills & Legislation

Va. State Bar, et al.; use of nondisclosure/confidentiality prov. in certain settlement agreements.

Virginia State Bar; work group to study the use of nondisclosure or confidentiality provisions in certain settlement agreements; report. Directs the Virginia State Bar to convene a work group of relevant stakeholders to study and make recommendations relating to the use of nondisclosure or confidentiality provisions or agreements pursuant to or contained in settlement agreements reached in civil actions for personal injury arising from an unlawful act that would constitute criminal sexual assault, commercial sex trafficking, or other sexual offense that occurred during the infancy or incapacity of the injured person. The bill directs the work group to report its findings and recommendations to the Chairs of the House and Senate Committees for Courts of Justice by November 1, 2026.

Jennifer B. BoyskoDemocrat

Transportation electrification; integrated resource planning, fast-charging stations, etc.

Transportation electrification; integrated resource planning; fast-charging stations; cost recovery by electric utilities. Permits Dominion Energy and Appalachian Power Company to file a proposed tariff with the State Corporation Commission (the Commission) to provide utility owned and operated electrical distribution infrastructure to support electric vehicle charging stations. The bill requires Dominion Energy and Appalachian Power Company to file transportation electrification plans with the Commission by February 1, 2028, and every three years thereafter, and includes requirements for information to include in such plans. Under the bill, Dominion Energy and Appalachian Power Company are required to seek recovery of necessary and appropriate expenditures for transportation electrification only through their rates for generation and distribution services.The bill prohibits Dominion Energy and Appalachian Power Company from petitioning for approval of expenditures to own and operate electric vehicle fast-charging stations unless such stations are located at or beyond a radial distance as determined by the Commission relative to the location of any privately owned fast charging station. The bill also directs the Commission to initiate a rulemaking proceeding to determine the appropriate radial distance for such utility-owned fast-charging stations from privately-owned fast charging stations, to enter its final rule in such proceeding no later than December 31, 2027, and to review such final rule by December 31, 2029. Provisions of the bill restricting the radial distance of utility owned and operated fast-charging stations expire on July 1, 2031. This bill is identical to HB 1225.

Jennifer B. BoyskoDemocrat

Assisted living facilities; electronic monitoring in resident rooms.

Assisted living facilities; electronic monitoring in resident rooms. Permits residents of assisted living facilities to have electronic monitoring devices placed in their rooms. The bill defines "electronic monitoring" as the use of a surveillance device with a fixed position video camera or audio recording device, or combination thereof, that is installed in a resident's room and broadcasts or records activities or sounds occurring within the confines of the room. The bill contains several provisions establishing the requirements for the placement and utilization of any such electronic monitoring device in any resident's room, including requirements relating to ensuring that residents or their legal representatives and residents' roommates or their legal representatives consent to the placement and utilization of electronic monitoring devices in their rooms. The bill directs the Virginia Department of Social Services to promulgate regulations consistent with the bill, and the provisions of the bill become effective when such regulations become effective.

Jennifer B. BoyskoDemocrat

Court appearance of a person not free on bail; changes to provisions regarding hearings.

Court appearance of a person not free on bail. Makes various changes to provisions regarding bail hearings, including (i) the appointment of counsel for the accused; (ii) the information provided to counsel for the accused; (iii) a requirement that counsel for the accused, when practicable, be provided with adequate time to confer with the accused prior to any bail hearing; and (iv) the compensation of counsel for the accused. The bill provides that, effective in due course, the chief judge in each circuit shall create a plan to be completed by November 1, 2026, that establishes the means by which the jurisdiction will meet such provisions. The remaining provisions of the bill have a delayed effective date of January 1, 2027.

Jennifer B. BoyskoDemocrat

Atlantic States Marine Fisheries Compact; withdrawal from compact.

Atlantic States Marine Fisheries Compact; withdrawal. Removes authorization for the Commonwealth's membership in the Atlantic States Marine Fisheries Compact. The bill directs the Marine Resources Commission, on or after February 1, 2027, to take all actions necessary and appropriate to effectuate the Commonwealth's renunciation of and withdrawal from the Compact and to complete such actions no later than July 1, 2027. The bill also directs the Commission, no later than July 31, 2026, to provide written notice to all states that are a party to the Compact that the Commonwealth intends to renounce and withdraw from the Compact. Finally, the bill removes from the Menhaden Management Advisory Committee the Virginia appointee to the Atlantic Menhaden Technical Committee of the Atlantic States Marine Fisheries Commission.

Richard H. StuartRepublican

Va. Brownfield & Coal Mine Renewable Energy Grant Fund; increases kilowatt of nameplate capacity.

Virginia Brownfield and Coal Mine Renewable Energy Grant Fund. Increases from $100 per kilowatt of nameplate capacity from renewable energy sources that are located on brownfields to $200 per kilowatt of nameplate capacity from renewable energy sources that are located on brownfields the grant amount a project developer can receive from the Virginia Brownfield and Coal Mine Renewable Energy Grant Fund. This bill is a recommendation of the Commission on Electric Utility Regulation.

Mark J. PeakeRepublican

Deferred dispos. in criminal case; persons with autism, intellectual, or developmental disabilities.

Deferred disposition in a criminal case; persons with autism, intellectual disabilities, or developmental disabilities; expungement. Adds developmental disabilities to the autism and intellectual disability deferred disposition statute. The bill also provides that when a court defers and dismisses a charge pursuant to the autism, intellectual disability, or developmental disability deferred disposition statute, such charge may be considered as otherwise dismissed for purposes of expungement of police and court records. The bill also (i) clarifies that the defendant may request a hearing to determine the appropriateness of a deferred disposition at any time before or after any plea and (ii) provides that no statement made by the defendant at such a hearing is admissible in any criminal proceeding, except that any such statement made under oath may be admissible in a criminal proceeding for perjury or for purposes of impeachment in a criminal matter. This bill is identical to HB 247.

Jennifer B. BoyskoDemocrat

Cloud Computing Cluster Infrastructure Grant Fund; reclaimed water usage, definitions.

Cloud Computing Cluster Infrastructure Grant Fund; reclaimed water usage. Requires data center operators applying for grant payments from the Cloud Computing Cluster Infrastructure Grant Fund to utilize reclaimed water, defined in the bill, for water-dependent cooling processes at data center and cloud computing cluster operations facilities. The bill gradually increases the reclaimed water utilization requirement at such facilities from 60 percent of all water-dependent cooling processes beginning on July 1, 2027, to 100 percent on and after July 1, 2031.

Richard H. StuartRepublican

Virginia Public Procurement Act; preference for local products and firms, by localities.

Virginia Public Procurement Act; preference for local products and firms; by localities. Allows the governing body of a county, city, or town to give preference to goods, services, and construction produced in such locality or provided by persons, firms, or corporations having principal places of business in the locality if the bid price is not more than five percent greater than the bid price of the lowest responsive and active bidder. In such a circumstance, the bill permits the bidder of goods, services, and construction produced in such locality or provided by persons, firms, or corporations having principal places of business in the locality to match the price of the lowest responsive and responsible bidder. Under current law, such preference may only be given in the case of a tie bid.

Adam P. EbbinDemocrat

Migrant labor camp permits; removes expiration date.

Migrant labor camp permits; expiration. Removes the annual December 31 expiration date for all issued migrant labor camp permits and provides that such permits expire 12 months from the date of issuance. This bill is identical to HB 340.

Russet PerryDemocrat

Autonomous truck-mounted attenuators; pilot program authorized.

Department of Transportation; autonomous truck-mounted attenuators; pilot program authorized. Authorizes the Department of Transportation to establish a pilot program for the implementation and deployment of autonomous truck-mounted attenuators within mobile work zones, defined in the bill. The bill has an expiration date of December 31, 2031. This bill is identical to HB 582.

Kannan SrinivasanDemocrat

Abandonment of highway; section of the secondary state highway system, local authority.

Abandonment of highway; section of the secondary state highway system; local authority. Removes the requirement that a section of the secondary state highway system be in a residence district for a county to find that such section is no longer necessary for the purpose of abandoning such section of highway as a public highway.

Jeremy S. McPikeDemocrat

National Popular Vote Compact; enters Virginia into an interstate compact.

Presidential electors; National Popular Vote Compact. Enters Virginia into an interstate compact known as the Agreement Among the States to Elect the President by National Popular Vote. Article II of the Constitution of the United States gives the states exclusive and plenary authority to decide the manner of awarding their electoral votes. Under the compact, Virginia agrees to award its electoral votes to the presidential ticket that receives the most popular votes in all 50 states and the District of Columbia. The compact goes into effect when states cumulatively possessing a majority of the electoral votes have joined the compact. A state may withdraw from the compact; however, a withdrawal occurring within six months of the end of a President's term shall not become effective until a President or Vice President has qualified to serve the next term. The bill also provides for the manner of appointing electors when such agreement does and does not govern the appointment of electors. This bill is identical to HB 965.

Adam P. EbbinDemocrat

Plastic firearms or receivers, etc., transfer, etc., prohibited; penalties.

Manufacture, importation, sale, transfer, or possession of plastic firearms and unfinished frames or receivers and unserialized firearms prohibited; penalties. Creates a Class 5 felony for any person who knowingly manufactures or assembles, imports, purchases, sells, transfers, or possesses any firearm that, after removal of all parts other than a major component, as defined in the bill, is not detectable as a firearm when subjected to inspection by the types of detection devices, including X-ray machines, commonly used at airports, government buildings, schools, correctional facilities, and other locations for security screening. The bill updates language regarding the types of detection devices that are used at such locations for detecting plastic firearms. Under current law, it is unlawful to manufacture, import, sell, transfer, or possess any plastic firearm and a violation is punishable as a Class 5 felony.The bill also creates a Class 1 misdemeanor, which is punishable as a Class 4 felony for a second or subsequent offense, for any person to knowingly possess a firearm or any completed or unfinished frame or receiver that is not imprinted with a valid serial number or to knowingly import, purchase, sell, offer for sale, or transfer ownership of any completed or unfinished frame or receiver, unless the completed or unfinished frame or receiver (i) is deemed to be a firearm pursuant to federal law and (ii) is imprinted with a valid serial number. The bill also creates a Class 1 misdemeanor, which is punishable as a Class 4 felony for a second or subsequent offense, for any person to manufacture or assemble, cause to be manufactured or assembled, import, purchase, sell, offer for sale, or transfer ownership of any firearm that is not imprinted with a valid serial number. The provisions of the bill prohibiting unfinished frames or receivers and unserialized firearms have a delayed effective date of January 1, 2027; however, the provisions of the bill prohibiting the knowing possession of a firearm or any completed or unfinished frame or receiver that is not imprinted with a valid serial number have a delayed effective date of July 1, 2027. This bill is identical to HB 40.

Adam P. EbbinDemocrat

Virginia Public Procurement Act; additional public works contract requirements.

Virginia Public Procurement Act; additional public works contract requirements; report. Provides that public bodies shall require the contractor and its subcontractors for any construction contract, as defined in the bill, to complete certain safety training programs and maintain records of compliance with applicable laws. The bill requires written authorization from a state public body before any party to a construction contract provides remuneration to more than one independent contractor when such contract is valued at greater than $5 million. If a construction contract with a local public body is valued at greater than $5 million the prime contractor shall provide written notification to the local public body justifying remuneration to any independent contractor. The foregoing provisions of the bill have a delayed effective date of July 1, 2027. Effective in due course, the bill requires the Secretary of Labor to conduct an 18-month evaluation regarding the feasibility of requiring public bodies to hire apprentices on public works contracts. The bill also directs the Department of General Services and the Department of Labor and Industry to develop guidelines to assist state public bodies in making the determinations required to issue an authorization allowing a contractor, subcontractor, or other party to a public works contract to provide remuneration to an independent contractor in connection with such contract. The Department of General Services shall publish such guidelines on its website no later than July 1, 2027. This bill is identical to HB 1046.

Jeremy S. McPikeDemocrat

Va. Residential Landlord & Tenant Act; early termination of rental agreement by military personnel.

Virginia Residential Landlord and Tenant Act; tenant remedies; early termination of rental agreement by military personnel. Removes the requirement that military personnel terminating a rental agreement due to identified permissible circumstances shall provide the landlord with a termination date that is no more than 60 days prior to the date of departure necessary to comply with the official orders or any supplemental instructions for interim training or duty prior to the transfer.

Russet PerryDemocrat

Virginia Public Procurement Act; cooperative procurement.

Virginia Public Procurement Act; cooperative procurement; re-roofing. Excludes roofing maintenance, repair, restoration, and component replacement of existing facilities that do not involve modification to the structure from the prohibition on using cooperative procurement to purchase construction.

Jeremy S. McPikeDemocrat

Electric utilities; pilot program for electric energy conservation, solar energy generation.

Electric utilities; pilot program for electric energy conservation, generation, and storage. Requires American Electric Power and Dominion Energy Virginia to each petition the State Corporation Commission by December 31, 2026, to conduct a pilot program for electric energy conservation, solar energy generation, and energy storage resources for low-income, elderly, and disabled individuals. The bill directs the Commission to convene a technical conference to evaluate the creation of an energy efficiency program meeting certain requirements by November 1, 2026. Under the bill, if the Commission determines that such a program is feasible for implementation by American Electric Power and Dominion Energy Virginia, the Commission shall require such utilities to petition for approval by May 1, 2027, to implement such programs. The bill has an expiration date of July 1, 2034. This bill is identical to HB 1062.

Schuyler T. VanValkenburgDemocrat

Housing for local employees; grants for homeownership.

Housing for local employees; grants for homeownership and workforce housing alternatives. Eliminates the maximum amount a locality may provide (i) to employees of the locality, employees of the school board, and employees of constitutional officers for homeownership grants to purchase primary residences in the locality and (ii) to school division personnel for residential housing assistance grants to provide affordable workforce housing alternatives. The bill also eliminates the requirement that such grants adhere to the Virginia Housing and Development Authority regional sales price and household income limitation guidelines. Current law imposes a maximum grant amount of $25,000 for individual grants per employee, as well as a maximum lifetime cumulative amount of $25,000 per employee. This bill is identical to HB 164.

Russet PerryDemocrat

Va. Sexual & Domestic Violence Victim fund; fee for offenses related to solicitation of minors, etc.

Virginia Sexual and Domestic Violence Victim Fund; additional fee for certain offenses. Provides that the clerk shall assess a fee of $500 for conviction of certain offenses outlined in the bill. The bill requires such fees to be credited to the Virginia Sexual and Domestic Violence Victim Fund and designated for funding support services for eligible victims. This bill is identical to HB 1233.

Russet PerryDemocrat

Probation and parole officers; subscriber agreements with clerks' offices.

Virginia Criminal Sentencing Commission; Department of Corrections; probation and parole officers; subscriber agreements with clerks' offices; secure remote access to nonconfidential court records. Provides that any clerk of a circuit court who provides secure remote access to nonconfidential court records shall allow both the Virginia Criminal Sentencing Commission and the Department of Corrections to enter into a single subscriber agreement authorizing the Commission and the Department, respectively, to have secure remote access to nonconfidential court records, provided that the subscriber agreement (i) identifies all staff members who require such secure remote access to perform their duties as required by law and (ii) complies with all other relevant law. Current law requires an individual subscriber agreement for each person or staff member who is authorized to have secure remote access to nonconfidential court records.

Russet PerryDemocrat

Veterinary Medicine, Board of; traineeships.

Board of Veterinary Medicine; traineeships. Expands eligibility for veterinary traineeship programs to include (i) graduates of an American Veterinary Medical Association-accredited college of veterinary medicine who have not yet passed the North American Veterinary Licensing Examination (NAVLE); and (ii) registrants in the Educational Commission for Foreign Veterinary Graduates (ECFVG) program who have taken and received a passing score on the NAVLE and have completed all steps of the ECFVG program except for the clinical proficiency examination.

Danica A. RoemDemocrat

Medical marijuana; administration to terminally ill patients.

Medical cannabis; administration to terminally ill patients; report. Directs the Department of Health to promulgate regulations specifying that hospital staff may store, dispense, and administer cannabis oil when a patient has valid certification and exempts such staff from criminal penalties for possession of cannabis oil. The bill directs the Department of Health to convene a work group to discuss the implementation process for providing cannabis products to patients in medical care facilities and report on its discussion to the Chairs of the House Committee on Health and Human Services and the Senate Committee on Education and Health by November 1, 2026. This bill is identical to HB 75.

Barbara A. FavolaDemocrat

Remediated Mine Gas Grant Program; established, report.

Remediated Mine Gas Grant Program established; report. Directs the Department of Energy to establish the Remediated Mine Gas Grant Program to assist projects in the Commonwealth with capture and sequestration of remediated mine gas. The bill requires (i) the Department to award grants for the Program to taxpayers on a first-come, first-served basis, subject to appropriation by the General Assembly, and (ii) grant recipients to submit a report to the Department by October 1 of any year in which funds are made available for the Program. The bill also directs the Department to submit a report summarizing the information received from grant recipients to relevant committees of the General Assembly by January 1 after any year in which funds are made available for the Program.

T. Travis HackworthRepublican

Mental illness, neurocognitive disorder, etc.; affirmative defense or reduced penalty.

Affirmative defense or reduced penalty for mental illness, neurocognitive disorder, or intellectual or developmental disability. Provides an affirmative defense to prosecution of a person for assault or assault and battery against certain specified persons for which the enhanced Class 6 felony and six-month mandatory minimum apply if such person proves, by a preponderance of the evidence, that at the time of the assault or assault and battery (i) the person's behaviors were a result of (a) mental illness or (b) a neurocognitive disorder, including dementia, or an intellectual disability or a developmental disability such as autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association, or (ii) the person met the criteria for issuance of an emergency custody order.The bill requires such person or his counsel to give notice in writing to the attorney for the Commonwealth at least 60 days prior to his trial in circuit court, or at least 14 days if the trial date is set within 21 days of his last court appearance, of his intention to present such evidence. Additionally, if such notice is not given, and the person proffers such evidence at his trial as a defense, then the court may in its discretion either allow the Commonwealth a continuance or, under appropriate circumstances, bar such person from presenting such evidence; any such continuance shall not be counted for speedy trial purposes pursuant to relevant law.Lastly, the bill provides that if such person does not prove that his behaviors were a result of his mental illness, intellectual disability, developmental disability, or neurocognitive disorder but the evidence establishes that his mental illness, intellectual disability, developmental disability, or neurocognitive disorder otherwise contributed to his behaviors, the finder of fact may find such person guilty of a Class 1 misdemeanor. The bill also provides that such affirmative defense shall not be construed to allow an affirmative defense for voluntary intoxication. This bill is identical to HB 246.

Jennifer B. BoyskoDemocrat

Tier 2 emergency generators; SCC shall evaluate impact of requiring data centers to limit use, etc.

State Corporation Commission; data center generators. Directs the State Corporation Commission to evaluate the impact of requiring data centers to limit the use of Tier 2 generators and prioritize the use of Tier 4 equivalent or better generators. The bill requires the Commission to submit a report on any findings to the Chairs of the Senate Committees on Finance and Appropriations and Agriculture, Conservation and Natural Resources and the House Committees on Appropriations and Agriculture, Chesapeake and Natural Resources no later than October 15, 2026.

Danica A. RoemDemocrat

Virginia National Guard; reports to General Assembly, state militias, etc.

Virginia National Guard; reports to the General Assembly; state militias; work group; report. Requires the Adjutant General to submit an annual report to the General Assembly detailing federal and state deployments of the Virginia National Guard and other matters relating to retention, readiness, funding, and resources. The bill prohibits the Governor from calling forth the Virginia National Guard for the purpose of intimidating, threatening, or coercing, or attempting to intimidate, threaten, or coerce, a person in giving his vote or ballot or to deter or prevent such person from voting. The bill additionally prohibits armed militia from another state, territory, or district from entering the Commonwealth for the purpose of active military duty over the objection of the Governor without meeting certain conditions. The bill allows certain members of the General Assembly to request that the Attorney General assess the legality of the deployment of the (i) National Guard of another state within the Commonwealth or (ii) Virginia National Guard. Finally, the bill directs the Secretary of Veterans and Defense Affairs to convene a work group to assess the most appropriate manner and process by which the Governor and members of the General Assembly should respond to deployments of the Virginia National Guard. This bill is identical to HB 286.

Russet PerryDemocrat

Consumer Data Protection Act; data controller responsibilities, precise geolocation data.

Consumer Data Protection Act; data controller responsibilities; precise geolocation data. Provides that, for purposes of the Consumer Data Protection Act, a controller of personal data shall not sell or offer for sale precise geolocation data concerning a consumer.

Russet PerryDemocrat

SCC; cost allocation proceedings for certain electric utilities, definitions.

State Corporation Commission; cost allocation proceedings for certain electric utilities. Directs the State Corporation Commission to conduct proceedings to review cost allocation among different customer classifications for certain electric utilities. For Dominion Energy and Appalachian Power, the Commission is directed to determine if the cost allocation of transmission costs require customers that are not high-load customers, as defined in the bill, to unreasonably subsidize the transmission costs attributable to serving high-load customers by January 1, 2027. For Dominion Energy, the Commission is directed to determine if the current allocation of generation and distribution costs require customers that are not high-load customers to unreasonably subsidize the generation and distribution costs attributable to serving high-load customers by January 1, 2028.

Russet PerryDemocrat

Small renewable energy projects; agrivoltaics definition.

Small renewable energy projects; agrivoltaics definition. Provides a definition of "agrivoltaics" for the purposes of small renewable energy projects. This bill is identical to HB 508.

Russet PerryDemocrat

Private elementary and secondary schools; policies relating to bullying and cyberbullying, etc.

Charlie's Law to Protect All Students; private elementary and secondary schools; student codes of conduct, policies, and procedures relating to bullying and cyberbullying prevention. Requires each principal, headmaster, or other chief administrator of each private elementary or secondary school in the Commonwealth to include in such school's codes of student conduct policies and procedures (i) for addressing and handling instances of bullying and cyberbullying and (ii) that include a prohibition against bullying and a requirement to notify the parent of any student involved in a confirmed incident of bullying within 24 hours of confirming the incident of bullying. This bill is identical to HB 894.

Jennifer B. BoyskoDemocrat

Condemnation of conservation or open-space easement; compensation.

Condemnation of conservation or open-space easement; compensation. Provides that if a person takes by condemnation any land subject to a conservation easement or open-space easement, such person shall compensate the Commonwealth and the locality in which such land is located for certain tax credits and values enumerated in the bill. The bill specifies that any such compensation paid to the Commonwealth shall be in addition to compensation required by other provisions of law.

Russet PerryDemocrat

Herndon, Town of; amending charter, clarifies duties of town council.

Charter; Town of Herndon. Updates the charter for the Town of Herndon in Fairfax County to permit greater flexibility for the town council to contract with the town manager regarding the location of his residence, clarifies the duties of the town manager relative to employees, clarifies that the town council has the authority to appoint two officers: the town manager and town attorney, and establishes that the town manager has the authority to employ any deputies or assistants for the two appointed offices. The bill also removes outdated or duplicative provisions that occur as a result of the changes to the town manager's duties and authority and an obsolete reference to a Town of Herndon school board. This bill is identical to HB 887.

Jennifer B. BoyskoDemocrat

Mammalian wildlife; separation and hybridization prohibited, exceptions.

Department of Wildlife Resources; premature separation and hybridization of mammalian wildlife prohibited; exceptions. Makes it unlawful to prematurely separate any mammalian wildlife offspring born in captivity from the mother prior to the offspring turning four months of age, except that wildlife offspring may be prematurely separated if a medical necessity exists pursuant to a written order from a veterinarian with appropriate species-specific experience and expertise licensed to practice in the Commonwealth. The bill excludes the following from its provisions: (i) agricultural animals; (ii) noncommercial transfers or trades between accredited zoological facilities; (iii) an accredited zoological facility, as defined in the bill, that retains the mammalian wildlife offspring separated by such zoological facility; (iv) the Department of Wildlife Resources, a person operating under a wildlife rehabilitator, scientific collection, or endangered and threatened species permit approved by the Department, or a person operating under a species recovery plan approved by the Department; (v) the U.S. Fish and Wildlife Service; or (vi) any person rendering emergency neonatal aide, including the temporary separation of up to 72 hours until a licensed veterinarian can be engaged for assessment and treatment. The bill also makes it unlawful to intentionally and for commercial purposes propagate mammalian wildlife of different species, also known as hybridization. This bill is identical to HB 112.

Jennifer B. BoyskoDemocrat

Guardianship/conservatorship of incapacitated adult; right to request counsel, right to a jury trial.

Guardianship or conservatorship of incapacitated adult; right to request counsel; right to a jury trial. Provides that, upon the filing of a petition for the appointment of a guardian or conservator for an incapacitated person and where the incapacitated person is unable to communicate verbally, in writing, or with the assistance of any device to the extent that he is unable to request that he be represented by counsel or to have a jury trial, either an immediate family member of the incapacitated person or an agent under a power of attorney authorized to act on behalf of such incapacitated person, provided that such immediate family member or agent has become a party to the proceedings, may make such request on behalf of the incapacitated person.

Danica A. RoemDemocrat

Zoning; manufactured housing.

Zoning; manufactured housing. Amends existing provisions that require localities to permit manufactured homes in areas zoned for agriculture by expanding such requirement to all zoning districts where site-built housing is allowed, with certain conditions. The bill provides that localities shall not adopt or enforce any zoning, land-use, or development regulation that treats manufactured homes differently or more restrictively than a single-family site-built dwelling allowed in the same zoning district. The bill also removes the authority of localities without a zoning ordinance to designate the areas within the locality in which manufactured homes may be located. This bill is identical to HB 655.

Schuyler T. VanValkenburgDemocrat

Solar facilities; local regulation, permits, special exceptions.

Local regulation of solar facilities; special exceptions. Provides that a ground-mounted solar energy generation facility to be located on property zoned agricultural, commercial, industrial, or institutional shall be considered pursuant to various criteria to be included in a local ordinance, such as specifications for setbacks, fencing, solar panel height, visual impacts, grading, and a decommissioning plan for solar energy equipment and facilities, unless otherwise permitted by right. The bill requires localities to furnish the State Corporation Commission with a record of special exception decisions reached pursuant to these provisions that includes (i) the reason for any adverse decision, (ii) any finding of nonconformity with the local comprehensive plan, and (iii) the date of the last revision to the comprehensive plan. The bill further requires the State Corporation Commission to compile and maintain on the Commission's public website a searchable database of all solar special exception decisions and the reasons for any adverse decisions made over a period of not less than five years. Finally, the bill states that its provisions shall apply to any ground-mounted solar facility with a generating capacity of one megawatt or more for which an application for local approval is filed on or after July 1, 2026, and any such project shall not be governed by any local ordinances inconsistent with the bill; however, any application for a solar energy facility that has been received and accepted by the relevant authority prior to July 1, 2026, shall be subject to any applicable local ordinances in place at the time the initial application was filed. As introduced, this bill was a recommendation of the Commission on Electric Utility Regulation. This bill is identical to HB 711.

Schuyler T. VanValkenburgDemocrat

Firearms; storage in residence where minor or person prohibited from possessing is present, penalty.

Storage of firearms in a residence where a minor or person prohibited from possessing a firearm is present; penalty. Provides that any person who possesses a firearm in a residence where such person knows that a minor or a person who is prohibited by law from possessing a firearm is present shall store such firearm and the ammunition for such firearm in a locked container, compartment, or cabinet that is inaccessible to such minor or prohibited person. Under the bill, any person who violates this provision is guilty of a Class 4 misdemeanor. The bill also requires any dealer, as that term is defined in current law, to post a written notice informing the public of the penalty imposed for failure to comply with the bill's provisions.

Jennifer B. BoyskoDemocrat

Virginia Residential Landlord and Tenant Act; pre-tenancy fees.

Virginia Residential Landlord and Tenant Act; Manufactured Home Lot Rental Act; pre-tenancy fees. Prohibits a landlord from charging or collecting any fee that is not a pre-tenancy fee as described in the bill and limits the charging or collection of such pre-tenancy fees to either prior to or upon the execution of a rental agreement. The bill requires a landlord to, prior to requesting or collecting any payment or information about a prospective tenant and prior to exhibiting the dwelling unit to a prospective tenant, notify the prospective tenant of any pre-tenancy fees in writing or by posting in a manner accessible to a prospective tenant. The bill provides that no landlord shall charge any fee to a prospective tenant prior to exhibiting the dwelling unit to the prospective tenant, unless the prospective tenant agrees to waive such requirement.The bill allows a landlord to collect a pet deposit, defined in the bill as separate from a security deposit, from a tenant if a pet is occupying the dwelling unit. The bill provides that no security deposit or pet deposit may be applied by the landlord toward (i) the cost of professional services or (ii) the cost of materials and labor performed by the landlord or an employee of the landlord, unless such costs are (a) reasonably necessary to return the premises to the same condition as the condition of the premises at the start of the rental agreement, less reasonable wear and tear, and (b) the landlord provides a receipt reflecting such costs to the tenant. The bill also reduces from two months of rent to one month of rent the maximum security deposit amount and decreases from 45 days to 30 days the amount of time after the termination date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last, that the landlord shall provide a written notice to the tenant of the itemized charges deducted from the security deposit and applies the same provisions to pet deposits.The bill also provides that nothing shall be construed to allow an owner, manager, or operator of a residential building to charge a tenant for water, sewer, electrical, natural gas, oil, or other utilities if the utility is supplied directly to the tenant.Finally, the bill applies the provisions of law relating to the rental application process and administrative or renewal fees, as amended by this bill, to the Manufactured Home Lot Rental Act.

Schuyler T. VanValkenburgDemocrat

Absentee voting; counting ballots prior to the close of polls.

Elections; absentee voting; counting ballots prior to the close of polls. Allows officers of election at a central absentee precinct to begin ascertaining and recording the number of votes cast by absentee ballots at any time after noon on the day of the election. Under current law, absentee ballots that are counted by hand may be tallied, but not counted, at any time after noon on the day of the election, and no ballot totals for any absentee ballots shall be ascertained until after polls close. The bill also clarifies that vote totals for absentee ballots cast in person on voting systems cannot be determined until the day of the election. The bill also requires that general registrars begin processing absentee ballots on the fourteenth day prior to the day of the election. Under current law such processing is not required until the seventh day prior to the day of the election.

Danica A. RoemDemocrat

Courthouses; certain civil arrests prohibited, penalty.

Prohibiting certain acts in furtherance of federal immigration enforcement in certain protected areas; exceptions; penalties. Prohibits certain federal civil immigration enforcement activities in certain protected areas including any courthouse, within 40 feet of any polling place or building used as a meeting place for the local electoral board while the electoral board meets to ascertain the results of an election, and any place or facility owned by the Commonwealth that is a hospital or other health care facility, a school or public institution of higher education, or an office of the attorney for the Commonwealth. The bill prohibits any civil arrest in a courthouse pursuant to a civil administrative warrant, subject to certain exceptions such as service or enforcement of an order for failure to pay child support or for any arrest occurring in connection with a court proceeding that is taking place or is scheduled to take place. The bill provides that such provisions shall not apply when such arrest is authorized by a judicial warrant or judicial subpoena. The bill also authorizes a local school board to include in its written school crisis, emergency management, and medical emergency response plan a procedure for notifying school board employees and parents of enrolled students of the presence of certain individuals on school property for immigration investigation or enforcement purposes. The bill requires each public institution of higher education to adopt a policy that requires an individual present on campus to investigate compliance with, enforce, or assist in an investigation or enforcement of any federal immigration law to present a valid judicial warrant or judicial subpoena before accessing any nonpublic area of the campus. This bill is identical to HB 650.

Saddam Azlan SalimDemocrat

Law-enforcement officers; restrictions on wearing of facial coverings, exceptions, penalty.

Law-enforcement officers; restrictions on wearing of facial coverings; exceptions; penalty. Prohibits any law-enforcement officer, defined in the bill, from wearing a facial covering, defined in the bill, while engaged in the performance of his official duties. The bill sets out several exceptions to such prohibition, including protective facial coverings to protect against disease, infection, and exposure to toxic substances and facial coverings worn by any law-enforcement officer assigned to a special weapons and tactics team while engaged in the performance of his official duties with such team. The bill subjects the law-enforcement officer to disciplinary action, including dismissal, demotion, suspension, transfer, or decertification, and creates a Class 1 misdemeanor for any law-enforcement officer who wears a facial covering in violation of the provisions of the bill unless the law-enforcement agency that employs such law-enforcement officer has adopted and established a written policy for and restrictions on the use of facial coverings. The bill also directs the Department of Criminal Justice Services to develop a model policy for and restrictions on the use of facial coverings by law-enforcement officers. This bill is identical to HB 1482.

Saddam Azlan SalimDemocrat

Consultation with federally recognized tribes; permits and reviews, etc.

Consultation with federally recognized tribes; permits and reviews with potential impacts on environmental, cultural, and historic resources. Adds to the duties of the Ombudsman for Tribal Consultation requirements to (i) facilitate communication between federally recognized tribes and relevant state agencies and local governments to ensure an opportunity for meaningful and timely consultation on environmental, cultural, and historical permits and reviews; (ii) assist the Department of Transportation in developing consultation policies; (iii) make recommendations to the Governor on the basis of communications with federally recognized tribes about (a) circumstances under which tribal consent should be required for issuance of certain permits and (b) additional agencies that should develop policies and procedures to ensure meaningful, timely, and appropriate consultation with federally recognized tribes; (iv) provide training at least once a year to certain state agency personnel on issues of concern to the federally recognized tribes to support effective communication, collaboration, and positive government-to-government relations between the Commonwealth and the federally recognized tribes; and (v) submit an annual report to the Secretary of the Commonwealth on the activities undertaken to implement such provisions and the issues that have arisen in that pursuit. The bill also requires the Department of Conservation and Recreation, Department of Environmental Quality, Department of Historic Resources, Department of Transportation, and Marine Resources Commission to engage in consultation with federally recognized tribes on certain issues. During such consultation, the burden is on the agency to show that it has made a good faith effort to elicit meaningful and timely feedback, including formal communication between agency employees and the federally recognized tribe. When a burial permit will result in the disturbance of a burial site of an individual that has a cultural affiliation with a particular federally recognized tribe, the bill requires the Department of Historic Resources to acquire the consent of such federally recognized tribe before issuing a permit for the archaeological excavation of human remains. This bill is a recommendation of the Commission on Updating Virginia Law to Reflect Federal Recognition of Virginia Tribes.

Ryan T. McDougleRepublican

Local anti-rent gouging authority; civil penalty.

Local anti-rent gouging authority; civil penalty. Provides that any locality may by ordinance adopt anti-rent gouging provisions. The bill provides for notice and a public hearing prior to the adoption of such ordinance and specifies that all landlords who are under the ordinance may be required to give at least 90 days' written notice of a rent increase and cannot increase the rent by more than the locality's calculated allowance, not to exceed three percent, and states that such allowance is effective for a 12-month period beginning July 1 each year. The bill requires the locality to publish such allowance on its website by June 1 of each year. Certain facilities, as outlined in the bill, are exempt from such ordinance. The bill also requires a locality adopting an anti-rent gouging ordinance to establish an anti-rent gouging board to establish rules and procedures by which landlords may apply for and be granted exemptions from the rent increase limits set by the ordinance or delegate such duties and functions to an existing local board, department, or agency. The bill also requires the anti-rent gouging board to establish a fair return on investment rent increase exemption to the annual anti-rent gouging allowance where necessary to offset increased operating expenses. Finally, the bill provides that a locality shall establish a civil penalty for failure to comply with the requirements set out in its ordinance.

Jennifer B. BoyskoDemocrat

American Indians, Virginia and federally recognized tribes; establishes definitions, sovereignty.

Definitions; American Indians; Virginia recognized tribes; federally recognized tribes; sovereignty. Provides that the Commonwealth acknowledges the inherent sovereignty of federally recognized tribes within the present-day external boundaries of the Commonwealth. The bill also establishes definitions for "American Indian," "federally recognized tribe," and "Virginia recognized tribe" and amends various sections throughout the Code for the purpose of uniformity in terminology. This bill is a recommendation of the Commission on Updating Virginia Law to Reflect Federal Recognition of Virginia Tribes.

Ryan T. McDougleRepublican

Continuing care providers; quarterly meeting requirements.

Continuing care providers; quarterly meeting requirements. Amends the quarterly meeting requirements for continuing care facilities to provide that at least two of such meetings per year shall be open to all residents and that certain individuals shall participate in at least two of such meetings per year. The bill also requires, if requested by the resident council or a majority of the independent living residents of a continuing care facility, the provider to include as a participant in the meetings of its board of directors or other governing body a resident representative elected by a majority of such residents, who shall participate in a non-voting, advisory capacity. This bill is identical to HB 476.

Ryan T. McDougleRepublican

Nitrous oxide; sale, distribution, etc., prohibited, penalties.

Distributing nitrous oxide prohibited; penalties. Prohibits the sale or distribution of (i) a device that is designed or intended to deliver a gas containing nitrous oxide through direct inhalation, with exceptions defined in the bill; (ii) nitrous oxide that has, or is marketed as having, the taste or smell of any food or beverage that is distinguishable by an ordinary consumer either prior to or during consumption or use of such nitrous oxide to any person not exempted in the bill; and (iii) a container of nitrous oxide that exceeds eight grams, with exceptions defined in the bill. A violation of such prohibitions is a Class 1 misdemeanor. This bill is identical to HB 648.

Richard H. StuartRepublican

Health insurance; coverage for contraceptive drugs & devices, including over-the-counter.

Health insurance; coverage for contraceptive drugs and devices. Requires health insurance carriers to provide coverage, under any health insurance contract, policy, or plan that includes coverage for prescription drugs on an outpatient basis, for contraceptive drugs and contraceptive devices approved by the U.S. Food and Drug Administration, including those available over-the-counter. The bill prohibits a health insurance carrier from imposing upon any person receiving prescription contraceptive benefits pursuant to the provisions of the bill any copayment, coinsurance payment, or fee, except in certain circumstances. Additionally, the bill requires any health benefit plan that provides coverage for hormonal contraceptives to provide point-of-sale coverage without cost-sharing at in-network pharmacies for hormonal contraceptives available over-the-counter. This bill is identical to HB 1182.

Jennifer D. Carroll FoyDemocrat